IMMUNITY OF HEADS OF STATE FOR INTERNATIONAL CRIMES: DEFLATING DICTATORS’ LIFEBELT?
IMMUNITY OF HEADS OF STATE FOR INTERNATIONAL CRIMES: DEFLATING DICTATORS’ LIFEBELT?

Summary/Abstract: Absolute immunity of Heads of States in a forum other of their own jurisdiction, once firmly established under customary international law, has been repeatedly challenged after the Second World War. The article examines developments in international law and narrowing of the Head of State immunity through statutes and practice of international criminal tribunals, hybrid courts, Rome Statute and other treaties, and to some extent by state practice. The ICJ’s Arrest Warrant decision is critically assessed as a step back in a progressive trend of limiting immunity as a defense to states leaders. A conclusion is submitted, with highlights also on challenges and downsides of such an approach, that only international courts and tribunals may disregard both immunity of serving (personal immunity) and former heads of states (functional immunity), while states should continue to respect personal immunity of foreign officials. On the other stats, states can, but are no longer bound to respect functional immunity of foreign Heads of States in cases of gravest international crimes.

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