[I]t is the view of the Chamber that when cooperating with this Court and therefore acting on its behalf, States Parties are instruments for the enforcement of the jus puniendi of the international community whose exercise has been entrusted to this Court when States have failed to prosecute those
responsible for the crimes within its jurisdiction. The Chamber therefore finds, in accordance with article 87(7) of the
Statute that the Republic of Malawi has failed to comply with the Cooperation Requests contrary to the provisions of the Statute and has thereby prevented the Court from exercising its functions and powers under this Statute. The
Chamber decides to refer the matter both to the United Nations Security Council and to the Assembly of States Parties.
The court reiterated that there is no immunity for heads of state who commit international crimes.
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