State Immunity in Public International Law

One of the most difficult question faced by international lawyers in recent times has been the question of sovereign immunity from criminal jurisdiction.It is an accepted norm of international law that sitting Heads of State, have immunity from criminal prosecutions. A Head of State is normally entitled to immunity from prosecution anywhere, even after he or she is no longer the head of state. However in recent years, we have witnessed the dramatic shift from this customary international law principle where some jurisdiction have been arresting or threatening to arrest former and sitting heads of state in order to institute criminal prosecutions against them. There is, however, no uniformity in the application of this action. Those jurisdictions that determine who is to be arrested or prosecuted are so selective that not all those alleged to have committed these crimes are arrested or prosecuted. On the other hand, existing jurisprudence on this subject is not firm in its application. This study will help international lawyers and law students understand how different international courts have interpreted the principle of state immunity.