From: stephen@sprunk.org   
      
   On 10-Dec-15 19:01, Charles Ellson wrote:   
   > Stephen Sprunk  wrote:   
   >> Going after a sitting head of state--or anyone else with   
   >> diplomatic immunity--would be an act of war, and you can see how   
   >> well that worked out in the case of Saddam Hussein, for us and for   
   >> the Iraqi people.   
   >>   
   >> OTOH, if/when they are deposed, however, they lose diplomatic   
   >> immunity and we will happily prosecute--and execute--them.   
   >   
   > As applied to General Pinochet when there was an attempt to deal   
   > with him in the UK some years ago, that's sovereign immunity not   
   > diplomatic immunity (which most "sovereigns" be they monarchs or   
   > presidents don't have).   
      
   It was a UK law, not international law, that extended state immunity in   
   UK courts to former heads of state; the House of Lords ruled that didn't   
   protect crimes against humanity or thus Pinochet.  However, extradition   
   to Spain was denied on medical grounds, and he was sent home to Chile.   
      
   Chile granted him sovereign immunity in return for resigning from their   
   Senate, but their courts overturned that deal, again charging him with   
   crimes against humanity.  He died of natural causes before trial.   
      
   Diplomatic immunity never came up because he wasn't a diplomat when he   
   was arrested.   
      
   > It only applies to acts within their own country not those in other   
   > countries;   
      
   Crimes against humanity anywhere can be prosecuted anywhere by anyone;   
   it is the defining example of "universal jurisdiction".   
      
   > the immunity continues beyond their end of period of rule/office   
   > but only WRT events within that period.   
      
   Not under international law; that's just a UK thing, and (see above)   
   doesn't apply to crimes against humanity anyway.   
      
   However, diplomats can't be arrested for any crimes--including crimes   
   against humanity, regardless of when or where--because their person is   
   "inviolate".  The _only_ exception is when their home country waives   
   immunity, which is vanishingly rare.   
      
   That is why, for instance, the US can't touch any of the war criminals   
   that visit (or even work at!) the UN and obviously must cross US soil to   
   get there, which would otherwise be a target-rich environment.   
      
   > It was one of the various reasons why Emperor Hirohito was   
   > not tried after WW2.   
      
   That was political expediency; as a non-military and quasi-religious   
   leader, he could deliver public support for the US's puppet govt.   
      
   If he hadn't agreed, he'd've been swinging like the rest.   
      
   S   
      
   --   
   Stephen Sprunk         "God does not play dice."  --Albert Einstein   
   CCIE #3723         "God is an inveterate gambler, and He throws the   
   K5SSS        dice at every possible opportunity." --Stephen Hawking   
      
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