Valstybių vadovų atsakomybė už tarptautinius nusikaltimus (Gen. Pinochet, Slobodano Miloševičiaus ir Hissene Habre bylos)

Abstract

At the outset, it has to be noticed that crimes against international law are committed by men, not by abstract entities, and international law will achieve its goals only if those responsible for crimes will be brought to justice. The principle of individual criminal responsibility of Heads’ of State for crimes against humanity, genocide, war crimes and torture (elaborated in the Nuremberg Charter) is part of customary international law. The principle is embodied in the resolutions of the UN General Assembly – Principles of Law Recognized in the Charter of the Nuremberg Tribunal and the Judgment of the Tribunal (1950); international treaties – Convention for the Prevention and Punishment of the Crime of Genocide (1948), Geneva Conventions (1949), Convention against Torture and Other cruel, inhuman or degrading treatment or punishment (1984), Rome Statute of the International Criminal Court (1998); other international instruments – UN Draft Code of Crimes against the Peace and Security of Mankind (1996), Statute of the International Criminal Tribunal for the former Yugoslavia (1993) (also clarified in the proceedings brought before the former Yugoslavian leader S. Milosevic) and Rwanda (1994); decisions of national courts – the UK House of Lords decisions in the Pinochet case (1998 -1999); extradition requests sent and honoured by executive officials – Belgium international arrest warrant for H. Habre (2005) and African Union requests; state proposals for international criminal courts, reports and codifications of international law by the International Law Commission, writings of international law scholars and statements by intergovernmental organizations. Moreover, given that international crimes are erga omnes, all states are under the obligation to cooperate in prosecuting and punishing responsible individuals regardless their former status in the state. Its is now widely recognized that according to aut dedere aut judicare principle all states are under an obligation to try or extradite persons suspected of committing crimes against humanity, genocide, war crimes, torture. This principle is applicable irrespectively of who and where the perpetrators or the victims are, their nationalities or where the offence was committed. It also has to be noticed that those responsible for torture, genocide and other crimes against humanity cannot invoke immunity or special privileges as “means” of avoiding the responsibility. In other words, immunity cannot become impunity. Finally, the international rule establishing the end of immunity for the Heads’ of States or public officials once they have committed international crimes is supplemented by the exclusion of statutes of limitation, amnesty and the prohibition of granting asylum for persons responsible for atrocities.