Human Right Though Question

Discussion 3.2

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Human Right Though Question

The International Criminal Court’s efforts (ICC) to put on trial the heads of state have been established to be one of the thorniest matters for this new body. It functions on the assertion that violations of a certain magnitude for which committers ought to be put on trial, irrespective of their position. Whereas it appears easy to commiserate with such assertions, logical deliberations are normally lost in arguments of ethical imperatives.

It was not right for the International Criminal Court to arrest the former Head of state for the East Africa country for the allegations. Despite the fact that The International Criminal Court was being set up to promote the rule of law and ensure the protection of human rights, the detention of the former head of state during his cancer treatment was not the best thing. The ex-president’s council can use the defenses in reference to the text of legal provision on Art. 114, which asserts that the Republic’s former Head of state cannot be prosecuted for treason or serious and deliberate violation of the constitution when no legal proceedings in respect of that transgression were brought against him or her while in office.

The East African Head of State is not entitled to immunity from criminal proceedings and can therefore be extradited. His council team should argue on the basis that his warrant was deficient as the offense on which it was not extraditable. This court’s activity and a considerable amount of explanation imply that immunity does not apply to the criminal trial of the former head of state for human rights violations committed while they were in office; however, the precise limits of this exception to immunity are not clear. The counsel of the East African head of state should seek defense and argue for his release since there remains a tension between the necessities of justice and the requirement to conduct international relations effectively and smoothly.