International Court of Justice
11 April 2000
Facts
On 11 April 2000, an investigating judge of the Brussels Tribunal de première instance issued an international arrest warrant against Mr. Yerodia, charging him, as perpetrator or co-perpetrator, with war crimes and with crimes against humanity. At the time when the arrest warrant was issued, Mr. Yerodia was the Minister for Foreign. Affairs of the Congo.
Complaint
Congo complained the violation of the rule of customary international law concerning the inviolability and immunity from criminal process of incumbent foreign ministers.
Court’s ruling
The functions exercised by a Minister for Foreign Affairs were such that, throughout the duration of his or her office, a Minister for Foreign Affairs when abroad enjoyed full immunity from criminal jurisdiction and inviolability. No distinction could be drawn between acts performed by the latter in an “official” capacity and those claimed to have been performed in a “private capacity” or, for that matter, between acts performed before assuming office as Minister for Foreign Affairs and acts committed during the period of office. Therefore, the Court found that, given the nature and purpose of the warrant, its issuance constituted a violation of an obligation of Belgium towards the Congo, in that it had failed to respect the immunity which Mr. Yerodia enjoyed as incumbent Minister for Foreign Affairs.