Immunitet för statschefer : -       I förhållande till internationella brott för stater som ej tillträtt Romstadgan

Sammanfattning: The scope of immunities for Heads of States have been a debated subject for a long time. The purpose of this thesis is to examine how immunities for Head of States stands in relation to international crimes for states who are not part of the Rome Statute. Immunity ratione materiae and immunity ratione personae and the difference between them is explained and analysed. Cases from national and international courts are presented and analysed to examine the relationship between immunity for Heads of States and international crimes. In recent years there has been a debate concerning the immunity of former president of Sudan, Al-Bashir between some states in Africa, African Union and the International Criminal Court (ICC). My result shows that Article 27 in the Rome Statute is applicable even to non-signatory states when the Security Council has assigned a situation to the ICC. Customary law may contain an exception from immunity for a former Head of State (immunity ratione materiae), when accused of an international crime. Immunity of incumbent Head of State (immunity ratione personae) cannot be void even when accused of an international crime. There is a possibility that an incumbent Head of State in a non-signatory state may enjoy impunity.