Regarding claims based on the idea that a senior state official committing International crimes can never be said to be acting officially, as Wouters notes : " This argument, however, is not waterproof since it ignores the sad reality that in most cases those crimes are precisely committed by or with the support of high-ranking officials as part of a state s policy, and thus can fall within the scope of official acts . " Academic opinion on the matter is divided and indeed only the future development of International Customary law, possibly accelerated by states exercising universal jurisdiction over retired senior state officials, will be able to confirm whether state sovereignty has now yielded partially to internationally held human rights values.
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The rule of law should be both rationally and morally grounded upon the substantial principles of justice, including the inalienable dignity and value of every human person prior to any law or social consensus, said Archbishop Berardito Auza, the nuncio, in a statement made during a committee meeting at the UN General Assembly . As a consequence of the recognition of this dignity, those elements of fundamental justice such as respect for the principle of legality, Archbishop Auza said, the presumption of innocence and the right to due process . Among nations, he added, the rule of law should mean the paramount respect of human rights, equality of the rights of nations; and respect for international customary law, treaties & and other sources of international law.
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