Case Concerning the Arrest Warrant of 11 April 2000 Future Questions Although the Court ruled that the issuing of the arrest warrant violated international law, another question might be whether a state's initiation of proceedings within its own country, perhaps through a criminal investigation, would constitute a violation. Belgium claimed that the investigation or prosecution of a case against a person outside its territory did not violate any rule of international law and was acceptable both in state practice and international practice. In the case being brought against Ariel Sharon in the Belgian courts, the applicants are arguing that the ICJ ruling does not preclude Belgian authorities to investigate international crimes occurring outside its territory. Judge Al-Khasawneh, in his Separate Opinion, agreed with the Belgian submission in this regard. Moreover, the commencement of an investigation would not impede the operation of foreign relations unless the investigating authorities requested international assistance from other states, which could potentially impede the activities of a foreign minister. There would not be any unfairness towards an accused by simply initiating the criminal investigative process, therefore assuaging the concern about trying an accused not present on the state's territory.
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