Prosecuting Heads of State: Evolving Questions of Venue - Where, How, and Why?

This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special hybrid courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for pr...

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Bibliographic Details
Main Author: Uchino, Masaya (Author)
Format: Electronic Book
Language:English
Published: 2011
In:Year: 2011
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
Description
Summary:This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special hybrid courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for prosecutors and courts that are charging or trying a case. This note highlights how these differences can significantly impact the outcome of prosecutors' attempts to hold a head of state accountable for his crimes. To illustrate this, this note examines three very different examples of head of state prosecutions: Alberto Fujimori in Peru, Slobodan Milosevic in the International Criminal Tribunal of the Former Yugoslavia, and Charles Taylor in the Special Court of Sierra Leone