Research On The International Criminal Responsibility Exemption Of Head Of State

The head of state immunity principle is an ancient principle of customary international law. Diplomatic privileges and immunity, monarchy personal exemption,and state immunity theory has a close connection. By analyzing the interrelation of the three concepts,them are closely related.and has important effects on the head of state immunity principle.The head of state immunity in criminal is also a widespread international recognition. However, from the beginning of the last century, with the development of international criminal law, the principle has been impacted by the international criminal law. Because the punishments by international criminal institutions, and the individual criminal responsibility shall be investigated for. And the head of state is particular, the implementation of the international crimes is different with general international crime.So,it's cause some controversial issue.In the part two,according to discusses the main cases about the head of state.After the world war II.We can known that although the practices of international criminal justice institution repeatedly emerge the judgment of the head of state.but,the principls as such as "official identity independence" and "individual criminal responsibility" emphasize the criminal responsibility of the head of state.Seems the criminal jurisdiction of heads of state immunity can no longer competed the criminal responsibility. But in fact, there still not an common answer to solve the debate.The part three summarizes the reasons of the conflict and description the heads of state immunity is necessity. In the new international situation it's necessary to reserve the head of state immunity in the criminal rationally. And find some ways to solved this contradiction from the standpoint of draft norm of international law. For example the international community should be improving the international force law norms.