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No Longer Immune? How Network Theory Decodes Normative Shifts in Personal Immunity for Heads of State
Get PDFThe customary international law (CIL) norm of personal immunity for Heads of State has come under significant fire in the past decade. While immunity norms have traditionally been absolute, the increasing influence of the human rights and anti-impunity movements, coupled with pleas for international criminal responsibility for egregious human rights and humanitarian violations, have eroded them, particularly within international jurisdictions. These changes reflect a larger challenge to the traditional state-centric model. Although states remain the primary makers of international law, many other participants, including international organizations, courts, and non-governmental organizations (NGOs), are crucial to the development of international legal norms today. But there is, of yet, no formal model integrating these actors into existing legal frameworks. The goal of this Article is to provide an analytical framework to apply to the shifting norm of personal immunity for Heads of State based on the relationships and connections among actors. Using the tools of network theory, this Article determines the defining properties of this network of actors, including its topology, density, centrality, and actor similarity, which explain current normative shifts and predict developments. Based on this quantitative analysis, this Article puts forward two arguments. First, non-state actors, even though not formally accepted as capable of contributing to international law, have a clear normative effect. Second, insofar as the hubs in this network continue to pursue an exception to Head of State immunity before International Criminal Courts, we are likely to see an exception crystallize as a new rule of CIL. Viewing international law through networks of actors provides lawyers and policy-makers with a descriptive tool that translates and maps the elusive global realities that lead to international law-making
FSU Law Focus - 11/22/2019
Get PDFFrom the Dean: Chief Judge D. Brooks Smith for Jurist in Residence; Faculty & Alum Profile: Judge L. Clayton Roberts (’91); Alum Profile: Jennito Simon (’10); Student Profile: 3L Dayna Maederhttps://ir.law.fsu.edu/fsu-law-focus/1051/thumbnail.jp
FSU Law Focus - 09/27/2019
Get PDFFrom the Dean: 2019 Florida Gubernatiorial Fellows; Faculty Profile: The Honorable John Lazzara; Alum Profile: Andrew W. Smith (’12); Student Profile: 3L Kathryn Mesahttps://ir.law.fsu.edu/fsu-law-focus/1117/thumbnail.jp
FSU Law Focus - 07/12/2019
Get PDFFrom the Dean: Bar passage successes; Summer Faculty Enrichment Workshops; Alum Profile: Christopher A. Iacovella (’06); Student Profile: 2019 Grad Joshua Budziakhttps://ir.law.fsu.edu/fsu-law-focus/1183/thumbnail.jp
FSU Law Focus - 07/19/2019
Get PDFFrom the Dean: Homecoming 2019; 3L Eddie Brower Wins CLEA Outstanding Clinical Student Award; Alum Profile: Harriet W. Williams (’88); Student Profile: 2019 Grad Andrew Burnstinehttps://ir.law.fsu.edu/fsu-law-focus/1190/thumbnail.jp
FSU Law Focus - 07/26/2019
Get PDFFrom the Dean: FSU Law social media; Professor Morley Appointed to Criminal Punishment Code Task Force; Alum Profile: Charles W. Griggers (’01); Student Profile: 2019 Grad Jacob A. Paglialongahttps://ir.law.fsu.edu/fsu-law-focus/1197/thumbnail.jp
FSU Law Focus - 03/01/2019
Get PDFFrom the Dean: Scholarships Campaign Update; Faculty Profile: Avlana K. Eisenberg; Alum Profile: Cissy Proctor (’04); Student Profile: 3L Jonathan Marcelohttps://ir.law.fsu.edu/fsu-law-focus/1332/thumbnail.jp
FSU Law Focus - 08/23/2019
Get PDFFrom the Dean: New student orientation; Faculty & Alum Profile: Hillary Powell (’10); Alum Profile: Maegan E. McCann (’11); Student Profile: 3L R. McLane Edwardshttps://ir.law.fsu.edu/fsu-law-focus/1087/thumbnail.jp