@article{oai:bunkyo.repo.nii.ac.jp:00003602, author = {何, 鳴}, issue = {1}, journal = {文教大学国際学部紀要, Journal of the Faculty of International Studies Bunkyo University}, month = {2005-07-01, 2009-12-17}, note = {The arrest of Saddam Hussein by US Army has raised an important problem in international law. Non-arrest, non-imprison for state head is a part of the inviolable state-sovereignty, and impunity. The impunity, i.e. state immunity for state head is an international custom, and state practice permitted by international conventions. In the Hussein case, the principle of state immunity for state head has been violated, because Hussein was, at that time, incumbent, and the arresting is a solo act by US Army. So the arresting can hardly be recognized as a legal act. And we can also hardly affirm that the arresting act agrees with International Criminal Court(ICC), although ICC has the universal jurisdiction to the war crime, and to humanity crime of state head.}, pages = {41--57}, title = {誰がフセイン大統領を逮捕してよいのか : 国際刑事法の目的による検証}, volume = {16}, year = {} }