Question

Jurisdiction over Criminal Acts

State U had a long-standing relationship with N, the president of State P. President N had regularly provided information to State U’s national intelligence agency on activities of the political foes of State U both in State P and in the countries that neighbor State P. At the same time, State U had long ignored N’s activities in helping drug runners transport illicit drugs into State U. Now a change in the government in State U has caused State U not only to dissociate itself from the intelligence activities of President N but also to condemn his drug-related dealings. In need of a boost in the political polls, the president of State U orders his military to invade State P and apprehend President N. This is done. President N is then put on trial in a State U court for violation of State U’s antidrug statutes.

(a) Assuming that the court can be impartial, does it have jurisdiction to try President N?

(b) Is President N immune from prosecution? Explain."

Answer 1

a) Court of State U does not have jurisdiction to try President N since head of the state and head of the governments are immune from any criminal and civil cases to be tried upon in other countries and even in their country also while they are in office, they can be tried in their own country of residence when they completes their term as President or congress/parliament of that country impeaches them or when they are given prior notice , say for one or two months and after that they can be tried for their wrongdoings, i.e of Criminal and Civil wrongdoings but they cannot be tried in other country which is not their place of residence.

b) President N is not immune from prosecution since he/she can be tried in his/her own country of residence when he/she completes his/her term or is impeached or given prior notice, say for one month or two months and then civil or criminal proceedings can be started against him/her.