Head of State

A head of state is the individual who formally embodies a sovereign state, both domestically and on the international stage. The role is distinct from that of the head of government, who runs the executive branch and day-to-day administration, although in some systems one person holds both offices.

The functions of a head of state typically include:

• Representing the state in diplomatic relations, receiving ambassadors, and signing or ratifying treaties.
• Formally appointing senior officials such as the prime minister, judges, or ambassadors.
• Promulgating laws passed by the legislature.
• Serving as commander-in-chief of the armed forces (in many constitutions).
• Granting pardons, honors, and accreditations.

The precise powers vary widely by constitutional system:

• In parliamentary republics (e.g., Germany, Italy, India), the head of state is usually a president with largely ceremonial duties, while executive authority rests with the prime minister.
• In constitutional monarchies (e.g., the United Kingdom, Japan, Spain, Sweden), a hereditary monarch serves as head of state with mainly symbolic powers.
• In presidential systems (e.g., the United States, Brazil, Mexico), a single elected president is simultaneously head of state and head of government.
• In semi-presidential systems (e.g., France), executive power is shared between a directly elected president and a prime minister responsible to parliament.

Under international law, heads of state enjoy personal immunity (immunity ratione personae) from foreign jurisdiction while in office, as reflected in customary law and recognized by the International Court of Justice in Arrest Warrant of 11 April 2000 (DRC v. Belgium), decided in 2002. The 1961 Vienna Convention on Diplomatic Relations does not directly govern heads of state but informs related protocol. Immunity does not extend to proceedings before certain international tribunals: the Rome Statute of the International Criminal Court (Article 27) explicitly states that official capacity, including as head of state, provides no exemption from criminal responsibility.