The Pinochet case and the Arrest Warrant case have set a precedent that could potentially create

difficulties for former heads of state or government, as well as certain former high-ranking ministers,
when they travel abroad. These cases have established the principle of universal jurisdiction, which
allows national courts to prosecute individuals for serious crimes, such as genocide, war crimes, and
crimes against humanity, regardless of where the crimes were committed or the nationality of the
accused.

In the Pinochet case, former Chilean dictator Augusto Pinochet was arrested in London in 1998 on a
warrant issued by a Spanish judge seeking his extradition for alleged human rights abuses committed
during his regime. The House of Lords ruled that Pinochet could be extradited to Spain to face trial,
rejecting his claim to immunity as a former head of state. This ruling showed that even former heads
of state can be subject to prosecution for crimes committed during their tenure.

Similarly, in the Arrest Warrant case, the International Court of Justice ruled that former Congolese
foreign minister Yerodia Ndombasi could be arrested in Belgium for incitement to genocide, despite
his claim to immunity as a sitting minister at the time of the alleged crimes. The Court held that
immunity does not apply to serious crimes under international law, and that national courts have
the authority to prosecute such crimes.

As a result of these cases, former heads of state or government, as well as certain former high-
ranking ministers, could potentially face arrest and extradition when traveling to countries that
recognize universal jurisdiction, especially if they are suspected of crimes under international law.
They may also face legal challenges in other countries seeking to prosecute them for crimes
committed during their tenure. This could lead to difficulties in traveling abroad and limit their ability
to engage in diplomatic activities, especially in countries that have adopted a strict interpretation of
universal jurisdiction.