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Index/Topics/Customary International Law and Immunity

Customary International Law and Immunity

The principles of customary international law regarding the immunity of incumbent heads of state and its relationship with the ICC's stance on prosecuting sitting leaders.

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Jan 23, 2026
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What international legal precedents apply to arresting a sitting foreign head of state on U.S. soil?

A sitting foreign head of state ordinarily enjoys (immunity ratione personae) from criminal arrest and prosecution by other states under customary international law, a principle reaffirmed by the in t...

Jan 17, 2026

Has the International Criminal Court ever issued an arrest warrant for a sitting head of state?

The International Criminal Court has, in fact, issued arrest warrants that named sitting heads of state or government: most notably Sudan’s Omar al‑Bashir in 2009 and 2010 and Russia’s Vladimir Putin ...