...

Can one country put the President of another country in jail?

Learn about the immunity of heads of state against other countries under international law, as well as the circumstances under which they can be prosecuted for their crimes.

According to international law, the answer is no, at least not while they are in office.

The International Court of Justice has already ruled on this: Heads of State enjoy immunity from the jurisdiction of other countries. This means they cannot be arrested or prosecuted by them.

But let’s be clear: Immunity is not the same as impunity.

A Head of State is protected during their term so they can carry out their duties without outside interference. That’s why this immunity usually ends when they leave office, allowing them to face trial.

Now, as a general rule, their official acts remain immune continually. However, international law has evolved.

If a Head of State commits grave atrocities, such as crimes against humanity, they lose that protection for their official acts and can be prosecuted once they leave office.

But here is the most important part: these rules only apply between countries.

International Courts are a completely different story. They can prosecute leaders at any time.

In fact, the International Criminal Court has stated that if it issues an arrest warrant against a sitting Head of State, other obliged governments cannot refuse to arrest them on the basis of immunity. They must comply.

In short: A sitting President cannot be touched by another country’s government… unless the International Criminal Court orders the arrest.

References

International Court of Justice (ICJ): Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), Judgment, I.C.J. Reports 2002.

International Criminal Court (ICC): The Prosecutor v. Omar Hassan Ahmad Al-Bashir, Appeals Chamber Decision on Jordan’s Appeal against the Findings of Pre-Trial Chamber II, No. ICC-02/05-01/09 OA2, 6 May 2019.

International Law Commission (ILC): Draft articles on Immunity of State officials from foreign criminal jurisdiction, Report of the International Law Commission, 73rd Session (A/77/10), 2022.

Oxford Public International Law: Heads of State, Max Planck Encyclopedias of International Law [MPIL].

Braulio Emiliano Garduño Ibarra
Braulio Emiliano Garduño Ibarra
BA in Law, ITESM (2018) | LL.M. in International Law and Comparative Law, Trinity College Dublin (2023) | Postgraduate research student, University of Liverpool (2024-2028) | Lawyer specialising in constitutional, comparative and human rights law. Passionate about law and its history and committed to its diffusion.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Leer también

Seraphinite AcceleratorBannerText_Seraphinite Accelerator
Turns on site high speed to be attractive for people and search engines.