SYNOPSIS : UNDERSTANDING THAT VIOLENCE CAN BRING THAT QUIETNESS OF PEACE, WHERE ALL UNSETTLED THINGS SHALL REMAIN

 VIOLENCE PATHWAYS : ICC CASE S-67804 : SUBLETY TO OVERTNESS
SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST

1. The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. And, therein, The ICC Trigger Mechanism Begins To Promote its effect.

2. In the twentieth century, the international community started to recognize exceptions to foreign sovereign immunity, such as commercial and tort exceptions. Similarly, head of state immunity has become more restrictive as a trend in the international community. For example, a former head of state may not claim immunity for international crimes in a foreign court. Furthermore, various treaties, such as the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the New York Convention on Special missions, and the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, prohibit a head of state to invoke functional immunity as a defense. In addition, the Rome Statute, ICTY Statute, ICTR Statue, and other international tribunals’ statutes make it clear that an incumbent position in office does not bar prosecution. Various domestic courts have also tried to indict state officials for international crimes. These examples show the international community’s trend to make the absolute head of state immunity into a restrictive one. However, the immunity still hinders a criminal prosecution of a head of state in a foreign state court. In many cases, heads of states are not prosecuted for international crimes because of its difficulty in bringing a case before international courts, thereby they escape criminal liability. Therefore, the international community has to resolve an issue of whether an exception to head of state immunity may exist in order to prosecute sitting heads to states.