Online published on 31 July, 2025.
This paper delves into the intricate realm of Head of State immunity in international law, a principle designed to shield sitting heads of state from prosecution or legal actions in foreign jurisdictions. Rooted in the concept of sovereign equality among states, this immunity is intended to enable heads of state to execute their duties without the encumbrance of legal proceedings. However, a contentious discourse surrounds the question of whether sitting heads of state should enjoy immunity from prosecution for alleged genocide, crimes against humanity, and war crimes. The establishment of the International Criminal Court (ICC) has significantly challenged head of state immunity, presenting a potent mechanism for holding individuals accountable for major crimes. The evolution of international criminal law has been shaped by law-making processes that challenge the conventional positivist state-centric perspective of international law. In light of these developments, this paper critically examines the delicate balance between upholding sovereign equality and ensuring accountability.
