The former president of Iraq Saddam Hussein, was the first head of state to be sentenced to death for crimes against humanity since the Nuremberg trail. It is undoubtedly a significant revolution on the international law of modern times. For the head of state to entitle to the presidential immunity from criminal prosecution, has been a long standing principle of the international customs law. Nevertheless, to protect even more fundamental and important interests of the international society, severe penalties to certain international crimes are also imposed by the modern international criminal law. Therefore, the absolute power of the traditional presidential immunity principle, has been weakening because of the new principle is gradually taking its place by practice of the international customs law. It will consequentially diminish the effect of suspects of international crimes to claim the presidential immunity protection on the ground of previous positions.