I’m quite sure Haag can try a head of state - isn’t there an arrest order out on the president of Sudan? I hope you’re joking with the Saddam Hussein part - he was arrested, tried in court and executed years ago.
I was referring to the fact that there was no international legal authority that could sit in judgment of Saddam Hussein precisely because NO country recognizes that authority precisely because it would be a surrender of sovereign power. Whether your a democracy, a dictatorship, or some sort of oligarchy as - no politician of any stripe is willing to put themselves under the legal authority of a foreign body UNLESS there is something to be gained by it. OR they’re a country not powerful enough to resist being ganged up on.
You’ll bear in mind that Saddam was tried by the Iraqi Interim Government. IE: He was tried on Iraqi soil by an Iraqi government.
As for how far the power of the Hague extends, that’s actually been up for debate ever since China (and other nations who don’t particularly agree with the “universality” of the declaration of human rights and definition of “war crimes” per the Rome Statute). You’ll also notice that those Presidents being called to trial/have been called to trial tend to rack up the following characteristics:
1.) Majority of them are African, because with the historic exclusion of Apartheid South Africa, no African country has ever been able to resist the collective power of The West (or China for that matter in terms of trading rights) because they are weak.
So Thucydides so eloquently said it more than 2,000 years ago, “The Strong Do What they Can, The Weak Do What they are Willed.”
2.) Many of them have been deemed “Illegitimate.” of course, the definition of “Illegitimate” usually seems to favor the one doing the interpreting.
3.) Genocide - Personal qualities aside, whether the ruler of a nation is a rapist, a looter, a despot, et al. That never really seems to rankle the sensibilities of First world governments. Mass slaughter does.
He’s not head of a state recognised by the UN, so that should have little effect in the UK.
If you can acknowledge that much of what occurs during an ICC trial is actually politically motivated, then the question has to arise as to what good (and now i’m not speaking of the victims, but those hearing the trial) could be gained from this action?
The same can be said if the trial is held in British Court (a rather fierce election is coming up between Gordon and David. this can easily be capitalized in favor of one side if the other one is portrayed as "anti-Catholic) or in the ECHR.
That being said, Geoffrey Robertson (a UN Jurist) is calling for the trial of Benedict.
And unlike the quivering masses who are frothing at the teeth regarding the sanctity of the Vatican or how one shouldn’t consider the Vatican a state due to __________ (fill in what you please) - Geoffrey’s actually doing his due diligence…
…but questioning the Lateran Treaty that a previous Pope signed with Benito Mussolini.
If this interpretation is push through - then the Vatican loses the recognition of its sovereignty.
And then everything is all nice, proper, and legal to put Benedict on trial. he’s merely a head of an international organization that has its headquarters in Italy.