Immunity of Heads of State and its Effects on the Context of International Criminal Law

Abstract

Crimes under international law are typically state crimes; leaving it up to the state of commission to prosecute international crimes would often mean making the perpetrators their own judges . Thus, first of all, must fill the gap of territorial jurisdiction. I must analyze principles that allow exercise of extraterritorial jurisdiction, in major universal jurisdiction, their conditions, and obstacles. The main possible obstacle is international immunities. When Heads of State are in abroad, these two fundamental propositions may be conflict; ‘exercise of universal jurisdiction’ with ‘international immunities’. Then, should know crimes within universal jurisdiction, for determine that 'which crimes' displace 'which immunities', toward two final targets. On one hand, end impunity of Heads of State, as requirement of justice, and practically prevent them, as co-perpetrator of crimes under international law. On the other hand, in respect to international immunities as appropriate protection for senior state officials. Therefore, in this dissertation, I try to know the balancing of two opposite interests, 'international accountability' with 'international immunities'. The immunity of Heads of State in international law “As rightly noted, this is an area of the law ‘which is in many respects still unsettled, and on which limited state practice casts an uneven light’.” This sentence, to best way describes reason of choice the subject of the dissertation. I have to research corresponding judicial practice, international judgments, international Conventions and Customs, and the opinion of jurist, etc. I hope to clear some dark situations, under the helpful comments and supervisory of Professor Dr. Oeter and jury Professors. International immunities bar exercise of jurisdiction before ‘which courts’, national, internationalized and/or international criminal courts? In this respect, I distinguish enforcement of international criminal law in national law and in international law. First Chapter for analyzing jurisdiction of national courts, and jurisdictional immunity of Heads of State, particularly, by consider the national legislation and judicial practice of Belgium, Germany, and France. Second Chapter exclusively considers practice of international criminal courts, and internationalized courts, particularly immunity of Heads of State from their jurisdiction.