That’s equally an argument against international criminal law as head of state immunity. While there may be instances where the head of state or government has to take decisions that might be criminal for the greater good – for example ordering the abduction or assassination of a terrorist – these instances are rare and most of the time the courts will take into account the good as well as the bad. However there are equally times where it is good that someone fears prosecution, if they do it is a sign that what they are doing is wrong. Bombing of Germany could have ended when all military targets had been hit, it need not have involved incendiary bombing of civilian targets. In Japan there was a third option of accepting a conditional surrender – one that guaranteed the position of the Emperor, since the Allies ultimately agreed this anyway there would have been little loss.