Prof. Sarmiento explains International Criminal Law

[16december]

what about immunity for the head of state?

[attyralph]

Principle III of the Nuremberg Principles states "the fact that a person who committed an act which constitutes a crime under International Law acted as Head of State or responsible Government official does not relieve him from responsibility under International Law."

[16december]

the Nuremberg Principles, is is customary international law? Why does it become the source of today's international tribunals? THank you

[attyralph]

Yes, the Nuremberg Principles have already attained the status of customary international law. They are the bases of the statutes of the ICTY, ICTR and the Rome Statute of the ICC.

[attyralph]

Article 27 of the Rome Statute of the International Criminal Court states:

"This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence."

[16december]

where is he come from?