Head of State Immunity and the Pursuit of Global Justice: The ICC Paradigm in International Legal Landscapes

Benjamin, M.Suresh and Hashimy, Sayed Qudrat (2024) Head of State Immunity and the Pursuit of Global Justice: The ICC Paradigm in International Legal Landscapes. WORLD AFFAIRS: The Journal of International Issues, 28 (4). pp. 26-50. ISSN 0971—8052

Text (Full Text) Head of State Immunity.pdf - Published Version Restricted to Repository staff only Download (402kB) | Request a copy

Abstract

The notion of ‘Immunity’ is rooted in the concept of sovereign equality among states, this intended to enable heads of state to execute their duties without the encumbrance of legal proceedings. However, a contentious discourse surrounds the question of whether sitting heads of state should enjoy immunity from prosecution for egregious international crimes such as genocide, crimes against humanity, and war crimes. This paper delves into the intricate realm of Head of State immunity in international law, a principle designed to shield sitting heads of state from prosecution or legal actions in foreign jurisdictions. The establishment of the International Criminal Court (ICC) has significantly challenged the conventional understanding of head of state immunity, presenting a potent mechanism for holding individuals accountable for international crimes. The ICC's jurisdiction extends to crimes committed by heads of state and government, thereby emphasizing the imperative of accountability for international transgressions. The substantive scope of international criminal law encompasses offenses such as genocide, crimes against humanity, war crimes, and the crime of aggression. The evolution of international criminal law has been shaped by law-making processes that challenge the conventional positivistic state-centric perspective of international law. In light of these developments, this paper critically examines the delicate balance between upholding sovereign equality and ensuring accountability for international crimes within the evolving landscape of international law.

Item Type:	Article
Uncontrolled Keywords:	Head of State Immunity, International Criminal Law, State Responsibility, Human Rights, International Justice and Prosecution
Subjects:	L LAW > LAW
Divisions:	Department of > Law
Depositing User:	C Swapna Library Assistant
Date Deposited:	05 Feb 2025 06:05
Last Modified:	10 Feb 2025 05:52
URI:	http://eprints.uni-mysore.ac.in/id/eprint/17830

Actions (login required)

View Item