Foundations and Effects of ICJ's Changing Approach in Abolishing Criminal Immunity of Heads of States in Hissène Habré Case (Former President of Chad)

Criminal immunity of Heads of States from the Jurisdiction of the courts, which was justified on the basis of the sovereignty and high status of the heads of states, was considered as an indisputablematter in previous centuries. Anyway, contemporary international law is witness of the formation of a customary rule which abolishes the functional immunities of the heads of states in the case of anyinternational crime which by itself strikes a balance between protecting the state’s ability to implement her task and protection of human rights. Despite the ambiguity in ICJ judgment in Yerodia Case on criminal immunity of heads of states which abolished the said immunity solely for international tribunals, this time in a conclusive judgment in his Judgment on July 2012, ICJ authorized the national courts to prosecute such cases by obliging the Senegalese to try the former Chadian president without delay, and accordingly revealed some new and important aspects with respect to the approval and development of this customary rule. On the other hand, it seems by means of an "adhoc court" for Hassan Habre's trial, prosecution and hearing of International crimes,regardless of status of the offender, has been approved by international community.