Do Heads of State in Office Enjoy Immunity from Jurisdiction for International Crimes? The Ghaddafi Case Before the French Cour de Cassation | Zendy

Salvatore Zappalà | Zendy

Open Access

Do Heads of State in Office Enjoy Immunity from Jurisdiction for International Crimes? The Ghaddafi Case Before the French Cour de Cassation

Author(s) -

Salvatore Zappalà

Publication year - 2001

Publication title -

european journal of international law

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.607

H-Index - 59

eISSN - 1464-3596

pISSN - 0938-5428

DOI - 10.1093/ejil/12.3.595

Subject(s) - jurisdiction , state (computer science) , law , international law , state immunity , political science , terrorism , customary international law , public international law , computer science , algorithm

In this paper, which comments upon a recent decision of the French Cour de Cassation, an attempt is made to offer an evaluation of the status of international customary law on the question of jurisdictional immunity of Heads of State. It is submitted that under international customary law Heads of State (like other state officials) do not benefit from functional immunity for international crimes. Some acts of terrorism may have become international crimes under customary law and, consequently, exclude the operation of functional immunity for Heads of State. On the other hand, personal immunity should be considered as an appropriate protection for Heads of State, as it ensures virtually absolute immunity while the Head of State is in office (but ceases with the termination of official functions).

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