baduse.blogg.se

Recent actions taken by Western states, particularly the USA, suggest that they see no validity to immunity of government officials when they act contrary to certain international norms, such as engaging in corruption or human rights abuses. The UK House of Lords came to a very different conclusion than the ICJ in regard to the actions by General Pinochet in Chile, finding that the nature of the acts (mass murders, torture, disappearances) could not logically be considered as official acts, and therefore Pinochet was not entitled to immunity in the courts of UK. The ICJ has stated clearly that heads of state are immune for all acts performed during their time in power, including torture, genocide, and crimes against humanity. The Court stated: ‘in international law it is firmly established that certain holders of high-ranking offices, such as the head of state, head of government and minister of foreign affairs, enjoy immunities from jurisdiction in other states, both civil and criminal’. Belgium) ICJ 1, the ICJ reaffirmed the principle of immunity of the head of state and other high officials. In the Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. The ambiguity of the immunities of heads of state is best illustrated by contrasting decisions of the International Court of Justice (ICJ) and the UK House of Lords. International Court of Justice vs UK House of Lords

Consequently, the exact nature and scope of the immunities is ambiguous.īy contrast, immunities of diplomats and consular officers are clearly set out in the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. The immunities from criminal and civil liability of heads of state and senior government officials (such as the minister of foreign affairs) are set out in customary international law, not treaties or conventions the exception is the UN Convention on Special Missions of 1969 which mentions, in Article 21, that heads of state enjoy ‘privileges and immunities accorded by international law to Heads of State on an official visit’, but it does not elaborate further. African Digital Diplomacy and Governance.