18. Ответьте на вопросы.

1. What is necessary to understand the notion of individual accounted ability for crimes against humanity?

2. What norms enjoy the highest — ranking status in the hierarchy of values in the international legal system?

3. What proves the existence of an international public order based on a commonality of fundamental core values and interests?

Text 7

THE IMMUNITY OF HEADS OF STATE

The immunity of heads of state in international law is a complex topic.

The early view that monarchs enjoy an absolute immunity has given way to other considerations. After the formation of modem states the position of head of state has radically changed and nowadays it may remarkably vary depending on the constitutional organization of the state. The immunity of foreign heads of state may become relevant, in many different ways before foreign municipal courts. It may concern current heads of state visiting officially another country or leading an official mission, or regardless of their physical presence in the forum state, it may arise in connection with acts carried out by them in their own state. Moreover, the issue of immunity may vary depending on the nature of their activities and on the type of proceedings in which they are involved. As

rightly noted, this is an area of the law which is in many respects still unsettled, and on which limited state practice casts an uneven light.

Even more troubling is the question of what, if any, immunity protects former heads of state, once they lose their office. Are they still entitled to claim immunity? If so, on what basis and for what acts should they be held immune? Should one distinguish between private acts and official acts performed in the exercise of their functions? Is the alleged criminal character of the acts committed while they were in post relevant for the purpose of immunity? Can one distinguish between offences of a different gravity? Last, would any such immunity apply to the conduct of heads of state in particular or would it rather be applicable to any foreign state's official regardless of his rank? All these issues underlined the Pinochet case. For the first time, a former head of state faced criminal proceedings in a foreign municipal court on charges concerning crimes of international law allegedly committed while he was serving as head of state of Chile.

Notes

heads of state — главы государств

immunity — неприкосновенность

relevant — актуальный, важный

lead an official mission — выполнять служебное задание, быть в

служебной командировке

issue of immunity - вопрос о неприкосновенности be involved (in) — быть вовлеченным (в) cast an uneven light on — зд. нет ясности по какому-л. вопрису lose one's office — уходить со службы, (нередко в связи с оконча­нием срока полномочий) be entitled to - иметь право на exercise one's function — выполнять обязанности alleged — мнимый

Упражнения

*19. Соотнесите слова из левой колонки с их синонимами в правой.

1. to differ a. to lose one's office

2. important b. to be entitled to do

3. to have a right to do smth с to claim

4. to perform d. to exercise

5. to demand e. relevant

6. to retire f. to vary

*20. Выразите согласие или несогласие со следующими утверждениями.

1. After the formation of modern states the position of head of state has not radically changed.

2. The immunity of foreign heads of state may concern current heads of state visiting officially another country.

3. In the Pinochet case a former head of state for the first time faced criminal proceedings in a foreign municipal court.