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8 - Head of State Immunity

Published online by Cambridge University Press:  29 July 2020

Charles C. Jalloh
Affiliation:
Florida International University
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Summary

This chapter discusses the contributions of the landmark trial of Liberian President Charles Taylor, the first African former head of State, to be tried and convicted by an international criminal tribunal in a contested proceeding. Taylor was convicted in April 2013 for his role in planning, aiding, and abetting war crimes, crimes against humanity, and other serious violations of international humanitarian law which occurred during the Sierra Leone Conflict. The chapter examines the controversies associated with former President Taylor’s prosecution and the novel arguments addressing the waiver of immunity by a tribunal that was treaty-based and not created using the Security Council’s Chapter VII powers. Taylor argued that he was entitled to immunity under international law because the Special Court was a domestic court. In addition to examining the caselaw of the International Court of Justice, on which the Special Court relied to find that Taylor was not immune from prosecution, the chapter continues to discuss the historical and symbolic implications of this major prosecution for international criminal law. Finally, the chapter examines how the Special Court Taylor immunity decision has impacted the current case law relating to immunities and prosecution of heads of State at the International Criminal Court.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Head of State Immunity
  • Charles C. Jalloh, Florida International University
  • Book: The Legal Legacy of the Special Court for Sierra Leone
  • Online publication: 29 July 2020
  • Chapter DOI: https://doi.org/10.1017/9781316823491.009
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  • Head of State Immunity
  • Charles C. Jalloh, Florida International University
  • Book: The Legal Legacy of the Special Court for Sierra Leone
  • Online publication: 29 July 2020
  • Chapter DOI: https://doi.org/10.1017/9781316823491.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Head of State Immunity
  • Charles C. Jalloh, Florida International University
  • Book: The Legal Legacy of the Special Court for Sierra Leone
  • Online publication: 29 July 2020
  • Chapter DOI: https://doi.org/10.1017/9781316823491.009
Available formats
×