Immunity for heads of state [in Japanese]
BibliographyRonkyuu Jurist
AuthorTAKEMURA Hitomi
Summary Nowadays, the "international law of cooperation" is emerging to realize the common interest of the international community, in relation to putting an end to impunity for serious crimes under international law. The former, as an alternative to the concept of immunity through the "international law of coexistence". As things stand, the "international law of cooperation" and the "international law of coexistence" coexist, and the latter still plays a central role in maintaining the sovereign state-centered structure of international society. Therefore, it is against the foundations of horizontal legal relations between states that the realization of vertical legal relations of international law to individuals a­nd states is also difficult. As long as the international law of cooperation is not assessed as legitimate a­nd equitable towards states, it will appear to states as the international law of intervention. The question of immunity for the International Criminal Court an­d for non-party heads of state also seems to be a temporary rather than a legal solution. The success of the international law of cooperation, which seeks to redress the human rights of victims by holding individuals criminally responsible without prejudice to their sovereignty, will depend on the ability of the International Criminal Court to do so persuasively.