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Why can a head of state not claim immunity before an international criminal tribunal for war crimes?

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Hear about the formation, functions, and limitations of the International Criminal Court — International criminal law Learn about the International Criminal Court.

Under international criminal law, a head of state cannot claim immunity before an international court or tribunal when facing charges for war crimes, crimes against humanity, or genocide.

While heads of state may benefit from immunity under national law or when dealing with the jurisdiction of other states, this protection does not extend to international tribunals. The fundamental ethical and legal principle is that individuals—not just states—are responsible for their actions under international law. As established by the Nuremberg trials, international law is enforced by holding the specific individuals who commit these grave offenses accountable, regardless of their official position or rank.12

By denying immunity for such atrocities, the international legal system affirms the moral imperative that no leader is above the law when they violate the fundamental rights and protections of humanity.1