Law Commons^™

Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the current debate about the relationship between article 27 of the Rome Statute of the International Criminal Court and article 98 of the Statute concerning the immunity of sitting Heads of State from investigation or prosecution before the Court and the duty of States to cooperate with the Court as regards their arrest and surrender. The essay traces the history of article 27 and its incorporation into the Statute and observes that it represents a rule of customary international law resting upon the adoption of the Nuremberg Principles after World War II, and reiterated in the …