List of Publications by Department for the Academic Year سؤولية القانونية لرئيس الدولة في ظل القانون العام والقانون الجنائي الدولي
Abstract
We have covered in this study, the types of legal accountability of the Head of the State, within the framework of public law and international criminal law. This liability includes:
First: constitutional or political accountability:
1.In the parliamentary system: the head of the state is considered constitutionally or politically unaccountable, because he does not have actual executive powers, and the latter has the government and is the subject of constitutional or political accountability before the Parliament, and that is what the Lebanese constitution has stated, knowing that the President of the Lebanese Republic is criminally responsible before the Parliament.
2. In the presidential system: The head of the state is irresponsible neither constitutionally nor politically even though he acts as the Head of the State and the Head of the government, like the United States Constitution knowing that the American president is criminally accountable before the Senators (Congress).
3. In the mixed system: the head of the state is considered constitutionally or politically irresponsible, despite of his acquiring of most of the powers
of the executive authority, like the French constitution, knowing that the government is considered constitutionally or politically accountable before Parliament, and the French president is criminally responsible before parliament.
Second: In administrative responsibility:
The administrative responsibility is based on the wrongful act: The head of the state cannot be held accountable administratively based on the public utility fault, because he does not directly manage public utilities, and he is not responsible for them, but he can be held accountable for his personal mistakes before the ordinary courts. The head of the state can be held accountable administratively on the basis of a wrongful act of an administrative decision against an individual.
a. Administrative responsibility without error: The head of the state cannot be held accountable on the basis of risks, because he is an indirect manager of public utilities, and he can be held accountable administratively on the basis of equality before public burdens, for example if he issues a decision that violates the legal rules of jurisdiction.
Third: Criminal responsibility in the Lebanese law: The President of the Republic of Lebanon has legal immunity against criminal responsibility, and he has special legal principles to pursue and prosecute him. This immunity ends , by accusing him from the majority of two-thirds of the members of the Lebanese Parliament, and he is prosecuted before the Supreme Council with special procedures .
Fourth: International Criminal Responsibility: The Head of the State does not have any legal immunity before the International Criminal Court, and is responsible for international crimes according to the Rome Statute, in his individual capacity, whether he is an actor, partner, instigator or interferer, and whether the crime is complete or incomplete .
The head of the state is accountable in international criminal law, if he has military or non-military powers, about the actions of his subordinates who are physically affiliated with him, if they commit international crimes, and he knew about them, and failed to take reasonable measures to prevent or hold them accountable.
At the end we had a general recommendation, which is: The head of state, is a person by nature, and he is not infallible. Therefore, we can conclude that the
head of the state must be constitutionally accountable, with or without powers, and he must be held accountable administratively, whether he is a direct manager. Also he must be held criminally accountable like any other citizen. He has the guarantees of any citizen without complications, and he is naturally responsible, as individuals, if he commits an international crime.
Journal/Conference Information
مجلة كلية الحقوق والعلوم السياسية في جامعة بيروت العربية,DOI: https://digitalcommons.bau.edu.lb/lsjournal/vol2019/iss2019/6/, ISSN: ISSN: 2664-0937, Volume: 1, Issue: 2019, Pages Range: 150-200,