Cornell International Law Journal


Sovereignty, International Law, Presidents, Judiciary, article, Sovereign immunity, Judicial process, International offenses


In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister Kambanda & President Milosevic's indictment. The scope of international penal jurisdiction is discussed in relation to the ICJ interpretation of E.R.C.v. Belgium, & the Pinochet Precedent. Discussion of Article 6(2) of the Special Court for Sierra Leone Statute defines the current position of rule in international criminal law to conclude with an analysis of the current issues in the Iraqi Special Tribunal regarding the application of international law. J. Harwell

Included in

Law Commons