Certain Criminal Proceedings in France; (Republic of the Congo v. France)

Abstract

International Court of Justice — Provisional measures of protection — Criteria — Prima facie basis for jurisdiction — Forum prorogatum — State consent to jurisdiction of International Court of Justice — Rules of the Court, Article 38 — Risk of irreparable prejudice — Link between risk of prejudice and rights claimed in the Application — Relevance of full extent of possible harm — Relevance of wider political consequences — Urgency — Non-extension and non-aggravation of dispute — Whether provisional measures required to prevent aggravation or extension of dispute — Removal of case from List

State immunity — Head of State — Senior officials — Sovereign equality of States — Whether judicial investigation of foreign State officials violating principle of sovereign equality — Whether risk of irreparable prejudice to immunities

Diplomatic relations — Risk of irreparable prejudice to diplomatic relations — Whether judicial investigation of foreign State officials constituting risk of irreparable prejudice to diplomatic relations between States

Relationship of international law and municipal law — Head of State immunity — Compatibility of domestic criminal powers with principle of head of State immunity — Sovereign equality — Compatibility of domestic criminal powers with the principle of sovereign equality