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Prosecuting Heads of State

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Since 1990, 67 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 67 cases, the book examines the emergence of regional trends in Europe and Latin America and contains eight case studies of high-profile trials of former government Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) – studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.

348 pages, Paperback

First published December 13, 2007

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Ellen L. Lutz

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Displaying 1 of 1 review
Profile Image for Adrian Halpert.
136 reviews1 follower
May 20, 2019
I thought this book would be a good supplement after finishing International Criminal Law (ICL). One of the points raised in ICL was that Heads of State are customarily granted immunity from prosecution. It doesn't take much imagination to see the potential for abuse.
Argentina, in its attempt to come to terms with the aftermath of the Dirty War of the 1970s and early 80s, has apparently been leading the way in this developing area of law. Now, as the 2020s are approaching, the customary immunity heads of state had is falling by the wayside. Developments in this branch of law makes this book a must read for anyone interested in international law.
"Prosecuting Heads of State" is a collection of essays that analyze the actions and subsequent trials of various former heads of state including Augusto Pinochet and Saddam Hussein among others. All the essays are quite good and give a good analysis of the difficulties involved in prosecuting heads of state as well as the national and international social and political ramifications.
As I was reading this, one questions that I was left with after reading ICL kept nagging at me. In the realm of international criminal law, whose definition of crime and justice are we talking about? Is it truly international, or are powerful nations, such as the US and the UK one ones calling the shots? The essay dealing with Charles Taylor hit this question right on the nose. He was removed from power in Liberia after a number of African nations brokered a peace deal. Originally he went into exile in Nigeria, but Nigeria released him to a special tribunal in Sierra Leone under pressure from the US and without consulting the other African nations involved in the deal. I also find it significant that all of the leaders featured in this book, with the possible exception of Serbia's Slobodan Milosevic are from the third world. These are not easy questions and have no easy answer, yet, this book gives cause to be optimistic that a custom that provides leaders immunity and could potentially get away with all sorts of economic and human rights abuses is slowly changing.
International Law is still in its infancy, but is a growing and dynamic body of law. This book adds a lot to the growing conversation. Highly recommended for anyone interested in International Law.
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