Holding Heads of State accountable for international crimes

Abstract

The international accountability of Heads of State and government for the commission of “the most serious crimes of concern to the international community as a whole” —such as war crimes, crimes against humanity and genocide—, is a work still in progress. Simply good will and capital punishment have taken turns
as an answer to deal with these enemies of mankind. From “international morality and the sanctity of treaties” invoked in Versailles to the “threat to the peace, security and well-being of the world”, stated in the Preamble of the Rome Statute, every rule that instituted an international criminal jurisdiction, affirmed international individual responsibility as a self-evident concept. This paper intends to settle the foundations
of the accountability of Heads of State —truly criminal public leaders— as a result of their involvement in international crimes. The aim is to forbid them to invoke principles and norms which belong to the international legal system to protect states and peoples, in order to escape their due accountability and punishment.