ABSTRACT
The position of the head of state acting in his public capacity160 is governed by s 14 of the State Immunity Act 1978 which provides for immunity in similar terms to that of the state itself. Whether an individual is a head of state or a head of government will in cases of dispute be resolved by reference to the certificate of the Secretary of State under the terms of s 21 of the legislation. Such provisions reflect the well established position in customary international law that the serving head of state is entitled to immunity from civil and criminal jurisdiction in respect of official acts.
