The Battle for Immunity - Revival of the Debate on State Officials’ Immunity from Foreign Criminal Jurisdiction

Abstract

The International Law Commission is preparing to continue discussions on Draft Articles on the Immunity of State Officials from foreign criminal jurisdiction at its forthcoming 75th summer session. This article focuses on two issues: the scope of immunity and its exceptions. These issues, which are widely discussed internationally, are far from being resolved. In this state of flux, a common ground is needed to move forward, which I try to outline in this blog post.

Keywords

• functional immunity
• Immunity
• immunity ratione materiae
• International Criminal Law
• International Humanitarian Law
• International Law Commission (ILC)