IMUNITAS KEPALA NEGARA PADA PENGADILAN HYBRID, STUDI KASUS CHARLES TAYLOR PADA SPECIAL COURT FOR SIERRA LEONE
| Main Authors: | , MARCELLA MAMENGKO, , Prof. Dr. Edward O.S. Hiariej, S.H., M.Hum |
|---|---|
| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
|
| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/123229/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63340 |
Daftar Isi:
- In international law, a head of state has state immunity and diplomatic immunity that prevented him tried by national courts of other states. On the contrary, according to customary international law, such immunity does not apply to international courts. In the development of it, there is an emerge of a court called hybrid court which is a mix between the national court that unable to prosecute head of state and international court where state officials and their immunities cannot bar the prosecution from the court. The aim of this research is to determine the practice of head of state immunity in hybrid courts by using normative legal research that examines rules and cases law relating to the practice of head of state immunity in both national courts and international courts as well as focusing on the case of Charles Taylor at Special Court for Sierra Leone to investigate the practice of the head of state immunity in the hybrid court. This study found that although there have been various doctrines and rules governing head of state immunity in national and international courts, it turns out that the practice of head of state immunity in national and international courts still have many obstacles, which will also affect the practice of head of state immunity in hybrid court. After doing a research in the case of Charles Taylor, the author concluded that hybrid court is the proper method to prosecute a head of state and immunity possessed by him, as long as it can be proved that it is an international court.