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π’π”πŒπŒπ€π‘π˜ πŽπ… 𝐓𝐇𝐄 𝐋𝐄𝐆𝐀𝐋, πƒπˆππ‹πŽπŒπ€π“πˆπ‚, ππŽπ‹πˆπ“πˆπ‚π€π‹ 𝐀𝐍𝐃 π’πŽπ‚πˆπŽ-π„π‚πŽππŽπŒπˆπ‚ ππ‘πŽππ€ππ‹π„ πˆπŒππ‹πˆπ‚π€π“πˆπŽππ’ πŽπ… 𝐓𝐇𝐄 π”ππˆπ“π„πƒ ππ€π“πˆπŽππ’β€™ 𝐑𝐄𝐅𝐔𝐒𝐀𝐋 π“πŽ π‚πŽππ†π‘π€π“π”π‹π€π“π„ 𝐏𝐀𝐔𝐋 ππˆπ˜π€

Tabe Ma’Enow ENOWBIKAH Esq.



United Nations



CAN PRESIDENTIAL IMMUNITY BE REVOKED AT INTERNATIONAL LAW?

Instead of congratulating Paul Biya on his victory in the October 12 presidential elections in Cameroon, AntΓ³nio Guterres, the Secretary-General of the United Nations, issued a statement through his spokesman, StΓ©phane Dujarric, on October 28, 2025, condemning the state's excessive use of force against peaceful protesters which erupted after proclamation of results.

This decision by the United Nations NOT to congratulate Paul Biya represents an unprecedented shift in Cameroonian politics, breaking a four-decade tradition of regular congratulatory messages from both the United Nations and the world's superpowers.

Today, November 3rd, 2025, marks seven days after the results proclamation, yet, none of the five Permanent Members of the United Nations Security Councilβ€”namely, the United States of America, Great Britain, Russia, China, and Franceβ€”has extended congratulations to Paul Biya regarding his presidential victory on October 27, 2025. Furthermore, none of the ten non-permanent members has done so either…
The letter issued by Russian Embassy in Yaounde would be regarded as an ultra-vires act in International Law.

Because β€˜the strength of any principle or Law is buried in its exceptions’, the principle of SOVEREIGNTY OF STATES embedded in the Montevideo Convention of 1933 and also enshrined in Article 2(1)(4) of the United Nations Charter 1945, is not without EXCEPTIONS.
These exception to the principle of Sovereignty are applicable to any State and/or persons with β€œInternational Legal Capacity ” who violates International Norms of Jus-COGENS , irrespective of ratification or non-ratification of same.

What are Jus-COGENS ?
Jus Cogens are universal fundamental principles that refer to certain peremptory norms that are accepted and recognized by the international community as norms from which no derogation is permitted.

In simpler terms: Jus Cogens are rules that no State or person in the discharge of his duties can dare to disrespect or violate for any reason whatsoever on earth. They include….slave trade, torture, war crimes, crimes against humanity, Human Rights abuse such as excessive and disproportionate use of force on unarmed protesters.

Authority of Jus-Cogens would include, inter-Alia

  1. The Nuremberg Principles of 1946,
  2. The Convention on the Prevention and Punishment of the Crime of Genocide (1948),
  3. Art 53 Vienna Convention 1969.
  4. UNGA Resolution 2625 (1970),
  5. Convention Against Torture (CAT),
  6. International Covenant on Civil and Political Rights (ICCPR),
  7. Rome Statute 1998
  8. European Union Magnitsky Act, 2020.

So Yes!
PRESIDENTIAL IMMUNITY CAN BE REVOKED

under International Law by the same Authority that recognizes the International Legal Capacity in the first place, particularly in cases of violation of JUS-COGENS. Immunity of high ranking State officials are also revokable.

To break it down; Becoming the president of a country does not automatically confer international presidential immunity. Rather, it is the authority granted by international law and the United Nations Charter, as held by the United Nations, that guarantees such immunity.
So, what conclusions can be derived from a situation where the UN expressly refuses to recognize the victory of a presidential candidate?
In the past, the UN issued same cautionary measure to Nicolar Maduro of Venezuela, Pierre Nkurunziza of Burundi and Juan Orlando of Honduras.

Who has the power to cancel a Presidential Immunity, that "thing" which makes a person untouchable out of his country?

A presidential immunity can be revoked by;

  1. The International Criminal Court,
  2. The United Nations Security Council,
  3. The General Assembly(rarely).

Any examples of revocation of presidential immunity? Yes!
Examples would include:

  1. Omar al-Bashir (Sudan), 2009,
  2. Laurent Gbagbo (Ivory Coast), 20163,
  3. Slobodan Miloőević (Serbia/Yugoslavia), ICTY 1999,
  4. Muammar Gaddafi( Lybia, ICC 2011),
  5. CTeodorine Obiang Mangue(Equatorial Guinea’s Vice PrΓ©sident).

Which courts can hear and entertain such matters?

A subject of International Law or a person with β€œInternational Legal Capacity,” such as heads of states, high ranking state officials and diplomats are not only to be tried at the ICC located at the Hague. They can also be tried in any country where they are apprehended, as long as that country has Universal or Domestic Jurisdictions of International Law, such as:

  1. Switzerland (torture committed in any country),
  2. Belgium (genocide and war crimes),
  3. Spain (human rights violations),
  4. France (all crimes against humanity),
  5. Case: France Vs Teodorin Obiang Mangue, Cours de Cassation 2016
  6. The USA, Canada, the UK, Australia, and South Africa are countries of Domestic Jurisdiction.

What are the possible Sanctions available?

  1. Joined state coalition for military intervention in such a state,
  2. Criminal prosecution of Intentional Legal Personalities,
  3. State Responsibility(Heavy civil damages awarded),
  4. Diplomatic Isolation,
  5. Suspension from international organizations,
  6. Economic, trade and financial sanctions,
  7. Public condemnation and shaming,
  8. Which Countries are host ICC Prisons?
  9. ICC Detention Centre is located which is located at Dutch Priso in Scheveningen,Netherlands,
  10. Belgium, SΓ©nΓ©gal and Finland.

Key factors to trigger the UN’s DEEP INVESTIGATION and subsequent revocation of Immunities would be numerous Human Rights Reports, complaints and petitions with irrefutable evidence DULY filed at the ICC, Universal and Domestic Jurisdictions, the involvement of world media outlets for reporting and shaming, and the use of the social media.

β€” π“πšπ›πž πŒπšβ€™π„π§π¨π°(𝐄𝐬πͺ).
π‹π‹πŒ, ππˆπ‹

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