CEU Electronic Theses and Dissertations, 2010
| Author | Ojok, Walter Acii |
|---|---|
| Title | CRIMINAL RESPONSIBILITY OF HEADS OF STATE FOR HUMAN RIGHTS VIOLATIONS: WILL THE KING EVER SUBMIT HIMSELF TO THE LAW? |
| Summary | This thesis reassesses the doctrine of head-of-state immunities and, of official immunities in general, with the view of examining whether the prosecution of international crimes and other gross human rights violations should be subject to these rules. The main premise of the thesis is that establishing the criminal responsibility of heads of state and of other high-ranking state officials is the final battleground in the fight against impunity. If this struggle is lost, the massive human rights normative frameworks expressly purporting to derogate immunities, also will risk the loss of public confidence. The thesis is structured as follows: Chapter I presents a general introduction to the subject of the research through a review of its history, its purpose, challenges, and discussion in contemporary legal literature. Chapter 2 examines evolving international legal responses to the need to redress human rights violations, with an emphasis on the five stages that have shaped human rights law; that is, the “enunciative stage,” the “declaratory stage,” the “prescriptive stage,” the “enforcement stage,” and, lastly, the “criminalization stage,” in which certain actions have today come to be seen as the core of international crimes. Chapter 3 takes on the notion of immunity from a post-modern perspective, redefines key concepts, and weighs the arguments for and against removal of immunities, while functional necessity is preserved. There is a discussion of the theories underpinning immunity, although increasingly losing modern acceptance. Finally, Part IV explores the potential within the Rome Statute system for trying an incumbent head of state and offers new ways for resolving conflicts emerging from the seemingly contradictory provisions of Article 98 and 27, particularly with regard to the current legal absurdity that is obstructing the arrest and surrender of Omar Al Bashir of Sudan to the International Criminal Court (ICC). |
| Supervisor | Vrdoljak Ana Filipa |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/ojok_walter.pdf |
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