Hungarian Yearbook of International Law and European Law


Accountability of Sovereign Power for International Crimes

Keywords sovereign immunity, ICC, Rome Statute, Russia, Ukraine
Authors Chile Eboe-Osuji
Author's information

Chile Eboe-Osuji
Chile Eboe-Osuji: former President, International Criminal Court, The Hague; Distinguished International Jurist, Lincoln Alexander School of Law, Toronto Metropolitan University.
  • Abstract

      This paper is a redacted version of the author’s Goler T. Butcher Lecture, delivered on 8 April 2022. The talk centered on the problem of holding heads of state accountable for international crimes on occasion of Russia’s invasion of Ukraine. It enumerated the challenges behind establishing the jurisdiction of the ICC in aggression cases, as well as the factors impeding the creation of an ad hoc tribunal for the same purpose. Dismantling pro-immunity arguments, the author turns to substantiating the customary international law nature of the accountability of heads of state for international crimes, concluding the paper with an overview of negotiations leading up to the drafting of Article 227 of the Versailles Treaty.

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