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From course:

Internationaal Recht (Week 3)

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Question:

Can immunity ratione personae make a head of state immune to criminal prosecution?

Author: Bas Dubbelman



Answer:

It does not offer absolute protection from criminal prosecution (Arrest Warrant, different circumstances): 1. Can be prosecuted in home state for the criminal act 2. Host state needs to waive immunity for forum state 3. Criminal prosecution before international courts 4. He can be prosecuted after his or her term expires for acts committed either prior or after the period of office or for private acts committed during the period in office


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