Cambodia is a State Party to the International Criminal Court (ICC), having signed the Rome Statute on 23 October 2000
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A Preliminary Remark
It is somewhat ironic: Cambodia is a State Party to the International Criminal Court (ICC), having signed the Rome Statute on 23 October 2000. Thailand, on the other hand, is not a member of the ICC. Yet, Thai authorities have at times expressed aspirations to arrest Cambodian leaders—actions that in reality only expose to the international community the profound misunderstanding of international law by certain Thai leaders.
In fact, only Cambodian courts, upon a request issued by the ICC, could legally arrest Thai leaders if such circumstances arose. By contrast, Thai courts have no authority whatsoever to arrest Cambodian leaders.
Can the courts of one State issue an arrest warrant against the sitting leader of another State?
1. The courts of one State cannot issue an arrest warrant against a sitting leader (e.g., a Head of State, Head of Government, or Minister of Foreign Affairs) of another sovereign State. This prohibition is grounded in the principle of sovereign immunity under international law.
2. The 1961 Vienna Convention on Diplomatic Relations, reaffirmed by the jurisprudence of the International Court of Justice (ICJ), establishes that Heads of State, Heads of Government, and Foreign Ministers enjoy absolute personal immunity from the jurisdiction of foreign domestic courts.
3. Such immunity applies to both civil and criminal proceedings, including arrest warrants. The rationale is to ensure the smooth conduct of international relations and the ability of States to engage in diplomatic interaction without obstruction.
4. The arrest of a foreign leader by domestic courts would constitute a violation of sovereignty and would almost certainly trigger severe diplomatic conflict.
5. Exception – International Criminal Jurisdiction: Sitting leaders may be subject to prosecution by international courts to which States have consented, such as the International Criminal Court (ICC) or ad hoc tribunals (e.g., Nuremberg Tribunal, ICTY, ICTR).
Special Note on the United States
Only the U.S. Supreme Court has, in limited circumstances, recognized the possibility of issuing legal action against foreign leaders not recognized by the U.S. government. However, this is an exceptional situation tied to questions of recognition rather than a general principle of law.
With best regards from Phnom Penh,
19 August 2025
Credited: Insophal Khmer Author
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