The International Criminal Court and the Prosecution of Sitting Heads of State: Democracy, Enforcement, and Symbolism of a Revolutionary Practice in International Politics

Criminal Law

The International Criminal Court and the Prosecution of Sitting Heads of State: Democracy, Enforcement, and Symbolism of a Revolutionary Practice in International Politics

By Mattia Cacciatori
Palgrave Macmillan July 2025

Specifications

ISBN-13
9783031546488
Publisher
Palgrave Macmillan
Publication
July 2025
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

The practice of prosecuting sitting Heads of State (SHoS) by the International Criminal Court (ICC) represents a revolutionary and morally compelling pursuit of justice for those who commit the most heinous crimes known to humanity, regardless of their status. This book embarks on an exploration of the intricate political dynamics surrounding this complex practice, delving into six pivotal cases where the ICC grappled with the idea of prosecuting SHoS.

These cases include Uganda, Sudan, Kenya, Libya, Syria, and Russia, encompassing all instances where the ICC directly targeted SHoS, as well as two cases where the Court was unable or unwilling to act. The investigation focuses on the multifaceted political complexities involved in initiating investigations against SHoS. It also delves into the far-reaching domestic and international consequences these prosecutions carried, profoundly impacting both the host societies and the international arena.

Table of Contents

Chapter 1. Introduction: The Politics of Prosecuting Sitting Heads of State
Chapter 2. Three Paradoxes for Sitting Heads of State Prosecutions: Promoting Democracy, Enforcing Justice, and Dual Symbolisms
Chapter 3. The ICC and the Democracy Paradox: The Museveni Affair and the Kenyatta Exception
Chapter 4. The ICC and the Enforcement of Justice Paradox: The Downfall of Gaddafi and the Assad Impasse
Chapter 5. The ICC and the Symbolism Paradox: The Al Bashir Debacle and Putin's War
Chapter 6. Conclusions
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