Citation

International and Domestic Prosecutions Against Heads of State: Moving Towards a New Approach to Immunity Claims

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Abstract:

The increasing number of prosecutions against heads of state has brought the issue of head of state immunity from criminal prosecution to the forefront of attention. This paper examines head of state immunity through a comparative lens, focusing on how international and domestic courts have addressed the issue of immunity from criminal prosecution for both sitting and former heads of state. From this comparative study, the paper posits a particular framework, or model, for how courts should proceed with trials against heads of state. This model reflects a totality of circumstances approach to resolving head of state immunity claims by criminal defendants, including an examination of such circumstances as domestic executive branch or U.N. Security Council guidance on the issue, the severity and nature of the crimes committed (e.g., whether committed as official acts of state or as “private” acts), and the consequences of prosecution for political stability and justice.
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Association:
Name: ASC Annual Meeting
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http://www.asc41.com


Citation:
URL: http://citation.allacademic.com/meta/p372371_index.html
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MLA Citation:

Totten, Christopher. "International and Domestic Prosecutions Against Heads of State: Moving Towards a New Approach to Immunity Claims" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA, Nov 04, 2009 <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p372371_index.html>

APA Citation:

Totten, C. D. , 2009-11-04 "International and Domestic Prosecutions Against Heads of State: Moving Towards a New Approach to Immunity Claims" Paper presented at the annual meeting of the ASC Annual Meeting, Philadelphia Marriott Downtown, Philadelphia, PA <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p372371_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The increasing number of prosecutions against heads of state has brought the issue of head of state immunity from criminal prosecution to the forefront of attention. This paper examines head of state immunity through a comparative lens, focusing on how international and domestic courts have addressed the issue of immunity from criminal prosecution for both sitting and former heads of state. From this comparative study, the paper posits a particular framework, or model, for how courts should proceed with trials against heads of state. This model reflects a totality of circumstances approach to resolving head of state immunity claims by criminal defendants, including an examination of such circumstances as domestic executive branch or U.N. Security Council guidance on the issue, the severity and nature of the crimes committed (e.g., whether committed as official acts of state or as “private” acts), and the consequences of prosecution for political stability and justice.


Similar Titles:
The Social Psychology of Constructivism in International Relations: Toward A Synthetic Approach to State Identity

The Social Psychology of Constructivism in International Relations: Toward A Synthetic Approach to State Identity


 
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