Exceptions to the International Customary Law Rule on Head of State Immunity Under International Criminal Law

Authors

Daniel D. Ntanda Nsereko

Abstract

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the ICC's role in combating impunity.

Disciplines

Comparative and Foreign Law | International Law | Law | Law and Society | Rule of Law

Recommended Citation

Daniel D. Nsereko, Exceptions to the International Customary Law Rule on Head of State Immunity Under International Criminal Law, 8 Cardozo Int’l & Compar. L. Rev. 643 (2025).
Available at: https://larc.cardozo.yu.edu/ciclr/vol8/iss3/5