International responsibility of political leaders and heads of state under the Rome Statute

Abstract

            This research aims to establish an objective and methodological approach to seriously and clearly address the topic of international responsibility of political leaders and heads of state under the Rome Statute, which established the International Criminal Court. The Court aims to define the criminal responsibility of political leaders and heads of state, as well as the system for holding them accountable for international crimes they commit. This includes situations where they fail to properly control their subordinates and those under their authority who commit such crimes, or when they deliberately ignore or anticipate criminal acts. The principle of no impunity applies, meaning that their official position does not shield them from criminal accountability. They are held accountable for crimes they commit or that are committed by their forces or subordinates if they fail to properly control them or fail to take the necessary measures to prevent and suppress such crimes. Exceptions include certain cases, such as orders from heads of state, which are considered insufficient to exempt them from criminal responsibility if the orders lead to the commission of international crimes or violate international law. The requirements of the study and the nature of the subject require us to follow the analytical approach to the texts of international law and international agreements, both bilateral and collective, which regulate the working mechanism of the International Criminal Court according to the Rome Statute. The motivation for regulating it is to respect the rulings issued by this court and to implement them against those who commit international crimes, whether they are political leaders and presidents or their subordinates and followers who commit international crimes, as well as international cooperation to prevent human rights violations and protect victims in the international community.