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Reply #53: And when all else fails, there's Wikipedia :-) [View All]

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kay1864 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-26-08 02:27 PM
Response to Reply #49
53. And when all else fails, there's Wikipedia :-)
Recent developments in international law suggest that this type of immunity (for those performing acts of state), whilst it may be available as a defence to prosecution for local or domestic crimes or civil liability, is not a defence to an international crime. (International crimes include crimes against humanity, war crimes, and genocide).


The reasons commonly given for why this immunity is not available as a defence to international crimes is straight forward: (1) that is genocide, war crimes and crimes against humanity are not acts of state. Criminal acts of the type in question are committed by human actors, not states; and (2) we cannot allow the jus cogens nature of international crimes, i.e. the fact that they are non-derogable norms, to be eroded by immunities.

So as a former head of state, the Chimp is NOT unequivocally immune, in the cases of genocide, war crimes and crimes against humanity. And war crimes are exactly what the Director of the Centre of International Courts and Tribunals is alleging in the article in the OP.

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