Check the Abolition of the Criminal Immunity of Heads of States as a Rule of Customary International Law

While heads of states during the past centuries have absolute immunity befoeCiminal Tribunals by virtue of their independence and equal sovereignty of states and their senior,The current trend of international system and approach of United Nations organs in order to preserve most of humanity and human rights is formating the customary rule that is rejecting the immunity of heads of states at the time of committing the International Crimes. so that this change and development in statute and practice of theTibunales of Nuremberg, Tokyo, former Yugoslavia, Rwanda, the Special Court for Siea Leone, the Statute of the International Criminal Court and the practice of international tribunals and national courts have taken And clearly shows that the era of the absolute immunity of heads of state is over so The question that arises in this article is whether this change could indicate the formation of a customary rule. In other words, can we say that the abolition of the criminal immunity of heads of state has become the customary international law? In order to answer this question, while explaining the concept of the heads of State immunity in international law, we review the relevant international instruments as well as national and international courts practice with an emphasis on the statute and the procedure of International Criminal Court.