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The Position of Heads of State and Senior Officials in International Law (Hardcover, New)
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The Position of Heads of State and Senior Officials in International Law (Hardcover, New)
Series: Oxford International Law Library
Expected to ship within 12 - 17 working days
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The legal position in international law of heads of states and
other senior state representatives is at the heart of the conflict
thrown up by recent changes in the international legal order. The
establishment of the International Criminal Court and the ad hoc
criminal tribunals reflects a growing belief that heads of states
and other senior state representatives should be held accountable
for serious violations of international law. It is now questioned
whether foreign states and their officials still have immunity from
proceedings concerning grave human rights abuses in national
courts.
This book provides a comprehensive treatment of this key issue,
covering both civil and criminal proceedings before domestic courts
and the position before international courts and tribunals. The
positions of both serving and former heads of states are examined
and, where appropriate, so is that of their family members. The
wide variety of constitutional forms and titles enjoyed by heads of
states and senior state representatives is considered and their
internationally relevant powers and functions outlined. The
implications of recognition or lack of it are assessed, together
with the practical and legal consequences of loss of office and/or
exile in a foreign state. In examining the position of heads of
state and other senior representatives in foreign states, attention
is given to the question of immunities before the local courts, and
to other privileges, protections, and courtesies to which they may
be entitled.
The book draws a distinction between the personal immunity (ratione
personae) enjoyed by heads of states which derive from their status
or office, and the official act immunity (ratione materiae) enjoyed
by all state officials. It closely examines the relationship
between state immunity as it has developed under the restrictive
doctrine and the immunities to which individuals are entitled.
Careful consideration is given to separate regimes of international
immunities such as special missions.This systematic analysis of the
legal position of heads of states takes into account the history of
the subject, relevant state practice (judicial and legislative),
the impact of relevant international treaties, and international
judicial or arbitral decisions on the matter.
General
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