A Critique of Opposition of the African Union and its Member States with the Criminal Court in and its Effects on International Jurisprudence

Removing of immunity from elements of international crimes in accordance with provisions of Article 27 of Statute is Cooperation’ prospect of members with the ICC. However, this cooperation is specific to members and to their status. Sudan is not a member of the ICC. Referral of his condition and the need for his cooperation with the ICC is not due to his membership, but because of the resolution, which has serious ambiguities regarding the recognition of Sudan's membership in the Statute and removing of immunity. This situation has led to the confrontation between the AU and its members with the ICC, that is purpose and subject of this article. Research question is; what is impact of confrontation between the AU and its members with the ICC on international judicial procedures? The findings of this study indicate that Judicial proceeding of the ICC has not only failed to narrow the scope of this confrontation for more than a decade, but also has been weakened by the lack of cooperation of AU's member states in the arrest of Al-Bashir. This approach adversely affects the status of the ICC on protection of Security Council in Sudan's situation, which is becoming increasingly evident.