Immunity from jurisdiction and criminal responsibility of heads of state in International Law

Heads of states, as being highest-level state officials and representatives of the sovereignty of a state, have immunities from international customary law. In the context of immunity from jurisdiction, the customary international law accord two types of immunity to high-level government officials such as personal (ratione personae) immunity and functional (ratione materiae) immunity. However, the position of the heads of state in the state does not prevent them from committing crime, on the contrary, the heads of state may use their power and authority to commit crimes under international law. In recent times, the issue of immunity of the heads of state before foreign courts in regard to international crimes and their accountability before international criminal courts have become important and worth analysing. The objective of this research is to firstly reveal the status of heads of state in the international law and the relationship between sovereign (state) immunity and head of state immunity, and then to examine how to strike the right balance between the human rights or humanitarian law as one of the great achievements of the current international legal order and immunities granted to the heads of states by international law. For this purpose, this thesis examines in the light of the recent developments in the international law whether the head of state immunity is applied before foreign domestic courts in cases in which it is alleged that a head of state has committed an international crime. In addition, this research considers the legal basis of the invalidity of these types of immunity before international and internationalized (hybrid/mixed) courts. In particular, it analyses the invalidity of head of state immunity in respect of non-States Parties and states that are parties to the Rome Statute, which is the treaty that established the International Criminal Court, the issue of criminal responsibility of heads of state before this Court, and the role of the UN Security Council. Since the details of the heads of states' immunity arising from customary international law are not made expressly clear by any treaty, the issue is construed through national and international cases, which is considered as milestones or symbols of the head of state immunity, such as the Pinochet, Al Bashir and Arrest Warrant cases. In addition, this research refers to the studies of international organizations and doctrinal views, international treaties that have addressed the issue in general.