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The Position of Heads of State and Senior Officials in International Law

The Position of Heads of State and Senior Officials in International Law

Author: Joanne Foakes
Publisher: Oxford University Press
ISBN: 9780199640287
Published In: February 2014
Format: Hardback , 256 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
- This controversial area of law is rapidly developing, as shown by the trials of Slobodan Milosevic and Charles Taylor, and the indictment of Laurent Gbagbo
- A comprehensive and authoritiative re-statement of the law, addressing diverse but often related issues such as forms and titles, recognition, protection, privileges, and immunities
- Investigates case law on immunitites from both domestic and international courts
- Written by an author with years of high-level experience in this field
The legal position in international law of heads of states and other senior state representatives is at the heart of the conflict thrown up by recent changes in the international legal order. The establishment of the International Criminal Court and the ad hoc criminal tribunals reflects a growing belief that heads of states and other senior state representatives should be held accountable for serious violations of international law. It is now questioned whether foreign states and their officials still have immunity from proceedings concerning grave human rights abuses in national courts.

This book provides a comprehensive treatment of this key issue, covering both civil and criminal proceedings before domestic courts and the position before international courts and tribunals. The positions of both serving and former heads of states are examined and, where appropriate, so is that of their family members. The wide variety of constitutional forms and titles enjoyed by heads of states and senior state representatives is considered and their internationally relevant powers and functions outlined. The implications of recognition or lack of it are assessed, together with the practical and legal consequences of loss of office and/or exile in a foreign state. In examining the position of heads of state and other senior representatives in foreign states, attention is given to the question of immunities before the local courts, and to other privileges, protections, and courtesies to which they may be entitled.

The book draws a distinction between the personal immunity (ratione personae) enjoyed by heads of states which derive from their status or office, and the official act immunity (ratione materiae) enjoyed by all state officials. It closely examines the relationship between state immunity as it has developed under the restrictive doctrine and the immunities to which individuals are entitled. Careful consideration is given to separate regimes of international immunities such as special missions.This systematic analysis of the legal position of heads of states takes into account the history of the subject, relevant state practice (judicial and legislative), the impact of relevant international treaties, and international judicial or arbitral decisions on the matter.

Readership: Practitioners and legal advisers to governments, international organisations and NGOs; scholars and (postgraduate) students of general international law and immunities
Part I Overview And General Principles
1: History and Political Context
2: Applicability of Rules of International Law Generally
Part II Heads of States
3: Constitutional Forms and Titles
4: Internationally Relevant Powers
5: Recognition
6: Protection, Privileges and Immunities
7: Loss of Office and Exile
8: Position After Loss of Office
Part III Heads Of Goverments, Foreign Ministers And Other Senior State Representatives
9: Internal Forms and Titles
10: Internationally Relevant Powers
11: Recognition
12: Protection, Privileges and Immunities
13: Families
14: Position After Loss of Office
Part IV International Responsibility Of Heads Of States, Heads Of Goverments, Foreign Ministers And Senior State Representatives
15: State Responsibility
16: Personal Responsibility
Part V Effect Of Statements By Heads Of States,Heads Of Governments, Foreign Ministers And Other Senior State Representatives
Joanne Foakes, Associate Fellow, International Law, Chatham House and former Legal Counsellor, Foreign and Commonwealth Office

Joanne Foakes is a barrister (Inner Temple) and former Legal Counsellor of the Foreign and Commonwealth Office. She is currently a free lance consultant and Associate Fellow in International law at Chatham House.