Zimbabwe -- Arrest Warrant Judgement (Judgments denying warrant to arrest Mugabe)

Bow Street Magistrate's Court via ZWNews ^ | 15 January, 2004 (orig January 14) | Tim Workman, Senior District Judge

[Clive]

Mr Tatchell has most thoroughly and carefully prepared this application for a warrant for the arrest of Robert Mugabe on allegations of torture in Zimbabwe.

He has provided me with a wealth of information both factually and on issues of international law. I have read Mr Tatchell's submission and the supporting documentation. I have also considered the case of Pinochet and the International Court of Justice ruling in The Democratic Republic of Congo versus Belgium including the separate and dissenting opinions in that case.

The issue to which I have directed my mind is whether President Mugabe has immunity from prosecution as a Head of State. It is accepted that he is presently the Head of State of Zimbabwe.

Mr Tatchell has argued persuasively that the doctrine of State immunity is not one which sites comfortably with the State's obligation under International law to prosecute grave crimes of universal jurisdiction. Mr Tatchell has sought to persuade me that the principal of universal jurisdiction should be extended to override the immunity afforded to a Head of State.

Whilst International law evolves over a period of time international customary law which is embodied in our Common Law currently provides absolute immunity to any Head of State.

In addition to the Common Law our State Immunity Act of 1978 which extends the Diplomatic Privileges Act of 1964 provides for immunity from the criminal jurisdiction for any Head of State.

I am satisfied that Robert Mugabe is President and Head of State of Zimbabwe and is entitled whilst he is Head of State to that immunity. He is not liable to any form of arrest or detention and I am therefore unable to issue the warrant that has been applied for.

Tim Workman

Senior District Judge

14th January 2004

[Clive]

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