>>Q: Does the High Court decision on General Pinochet mean all heads of state are exempt from prosecution?

A: Yes, in a national court.

>>Q: Where does this leave the Rule of Law. Are not all men equal in the eyes of the law?

A: Sovereign leaders and accredited diplomats have always enjoyed immunities for acts done in the course of their official duties.

The High Court has now made it clear that these immunities also protect a former head of state from legal action in respect of acts done while he or she was head of state.

>>Q: From where does the principle of legal immunity for Heads of State arise? Immunity to criminal prosecution is conferred by international customary law (in other words law which is based on custom not on statute). International customary law is given effect in English law by the State Immunity Act 1978.

>>>Q: Given this legal immunity for heads of state, how was it possible to convict Nazi leaders for crimes against humanity.

The immunity applies only in national courts to prevent courts in one country sitting in judgement on the acts of the government of another country done within its own territory. The international community can agree to act in cases such as the Nazis.

>>Q: Why is there not a wide-ranging international court to deal with murderous dictators?

A: There will be. A United Nations conference held in Rome during the summer agreed to establish such a court in The Hague. However, it will be some years before it starts operating.

Meanwhile, there are already courts in existence to try those accused of war crimes arising from the conflicts in Rwanda and the former Yugoslavia.

>>Q: Will the likes of Idi Amin, Slobodan Milosovic and Saddam Hussein - who are all alleged to have authorised mass killings among their people - rest easier after this decision?

A: They may have been alarmed to see a former head of state under arrest, even for only a short period. That said, if they visit Britain they are unlikely to face extradition over their actions as leaders of their countries.

>>Q: The case of Gen Pinochet now goes to appeal at the House of Lords. What are the chances of the judgement being reversed?

A: The court's decision was unequivocal and unanimous. Lord Bingham said the court was granting leave to appeal in view of the importance of the case - not because the judges were in any doubt about the outcome.

Lawyers for the Spanish investigating magistrate will argue that the immunities enjoyed by a former head of state do not cover grave crimes such as torture and hostage-taking, in other words they are not as far-reaching as the High Court has decided.

>>Q: How else might the families of Gen Pinochet's alleged victims bring him to book?

A: Their best chance would be to seek a prosecution in Chile itself. It is also possible that General Pinochet might find himself in a country which takes a narrower view of sovereign immunity; he might then be liable to extradition.

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