Prospects for Criminal Prosecution of George W. Bush
The author explores legal prospects for criminal prosecution of George W. Bush in foreign courts for sanctioning the use of “enhanced interrogation techniques” to extract information from detainees in U.S. special prisons. She analyses whether decision by former U.S. president to authorize torture a...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2012-09-01
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| Series: | Московский журнал международного права |
| Subjects: | |
| Online Access: | https://www.mjil.ru/jour/article/view/476 |
| _version_ | 1797291294801788928 |
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| author | S. V. Shatalova |
| author_facet | S. V. Shatalova |
| author_sort | S. V. Shatalova |
| collection | DOAJ |
| description | The author explores legal prospects for criminal prosecution of George W. Bush in foreign courts for sanctioning the use of “enhanced interrogation techniques” to extract information from detainees in U.S. special prisons. She analyses whether decision by former U.S. president to authorize torture against suspected terrorists can be qualified as his “official acts” covered by functional immunity. The purpose of the article is to establish the potential existence of a rule of customary international law providing for an exception from immunity of ex-heads of state who have committed international crimes, in particular, torture. In order to do that, the author analyses national jurisprudence (criminal cases against A.Pinochet, H.Habré and D.Bauterse), decisions by international courts, non-official codifications of international law of immunities, and legal writings. She also studies the question of whether commission of international crimes entails the exception from state immunity and immunity of state officials ratione materiae from foreign civil jurisdiction. |
| first_indexed | 2024-03-07T19:34:44Z |
| format | Article |
| id | doaj.art-683464db939c444a9040c3859f150dfb |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:34:44Z |
| publishDate | 2012-09-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-683464db939c444a9040c3859f150dfb2024-02-29T08:19:28ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932012-09-0103577610.24833/0869-0049-2012-3-57-76422Prospects for Criminal Prosecution of George W. BushS. V. Shatalova0MGIMO-University MFA RussiaThe author explores legal prospects for criminal prosecution of George W. Bush in foreign courts for sanctioning the use of “enhanced interrogation techniques” to extract information from detainees in U.S. special prisons. She analyses whether decision by former U.S. president to authorize torture against suspected terrorists can be qualified as his “official acts” covered by functional immunity. The purpose of the article is to establish the potential existence of a rule of customary international law providing for an exception from immunity of ex-heads of state who have committed international crimes, in particular, torture. In order to do that, the author analyses national jurisprudence (criminal cases against A.Pinochet, H.Habré and D.Bauterse), decisions by international courts, non-official codifications of international law of immunities, and legal writings. She also studies the question of whether commission of international crimes entails the exception from state immunity and immunity of state officials ratione materiae from foreign civil jurisdiction.https://www.mjil.ru/jour/article/view/476functional immunity of state officialsextraterritorial criminal jurisdictioninternational crimesofficial/private actsimmunity <i>ratione materiae</i>u.n. convention against torture |
| spellingShingle | S. V. Shatalova Prospects for Criminal Prosecution of George W. Bush Московский журнал международного права functional immunity of state officials extraterritorial criminal jurisdiction international crimes official/private acts immunity <i>ratione materiae</i> u.n. convention against torture |
| title | Prospects for Criminal Prosecution of George W. Bush |
| title_full | Prospects for Criminal Prosecution of George W. Bush |
| title_fullStr | Prospects for Criminal Prosecution of George W. Bush |
| title_full_unstemmed | Prospects for Criminal Prosecution of George W. Bush |
| title_short | Prospects for Criminal Prosecution of George W. Bush |
| title_sort | prospects for criminal prosecution of george w bush |
| topic | functional immunity of state officials extraterritorial criminal jurisdiction international crimes official/private acts immunity <i>ratione materiae</i> u.n. convention against torture |
| url | https://www.mjil.ru/jour/article/view/476 |
| work_keys_str_mv | AT svshatalova prospectsforcriminalprosecutionofgeorgewbush |