The topic of immunities is one of those topics provoking heated debates among international law scholars. While immunities ratione personae (personal immunities) seem to be widely accepted even for charges of international crimes (for another view, see here and here), the acceptance of immunities ratione materiae (functional immunities) seems to be more debatable, especially when it comes to international crimes. At its recently concluded 75th session, the International Law Commission (ILC) commenced the second reading stage of the topic of “Immunity of State officials from foreign criminal jurisdiction,” and its Drafting Committee provisionally adopted four draft articles on second reading. Particularly relevant for immunity ratione materiae is Draft Article 5 (which combines Draft Articles 5 and 6 adopted on first reading). It details in paragraph 1 the scope of immunity ratione materiae from the exercise of foreign criminal jurisdiction providing that it is enjoyed by State officials “with respect to acts performed in an official capacity”. Draft Article 7,…
Immunities
Page 3 of 3
Functional Immunity Exceptions for Crimes Under International Law – New Developments in German Legislation and Case Law Raising Questions Concerning the Identification of Customary International Law
On 30 July, the International Law Commission (ILC) reached another milestone in its project on immunity of State officials from foreign criminal jurisdiction by taking note of draft articles 1, 3, 4 and 5 [6], as provisionally adopted by its Drafting Committee on second reading. In 2025, the Commission will address the contentious issue of functional immunity exceptions for…
Germany and International Criminal Law: Reflections in Light of Current Developments
In its comments of November 2023, Germany informed the International Law Commission of its view that the non-applicability of functional immunity in international criminal law stricto sensu is an emerging rule of customary international law. In a judgment of 2021, Germany’s Federal Court of Justice had, however, found that functional immunity is inapplicable as a matter…
Past Time to Liquidate Russian Assets
This piece is cross-posted on Just Security. Two long years ago, Russia launched its brutal campaign of aggression and atrocity against Ukraine. That full-scale invasion has now killed more than 30,000 Ukrainians, displaced more than 10 million, and destroyed more than $400 billion of civilian property…
Personal Immunities Redux before A Special Tribunal for Prosecuting Russian Crimes of Aggression: Resistance is Futile!
Since the Russian Federation renewed its aggression against Ukraine with a full-scale invasion in 2022, the world has been abuzz with initiatives and proposals to create a special tribunal for prosecuting Russian political and military leaders for committing the crime of aggression (see for instance Open Society Justice Initiative, the European Parliament,…
- First
- Page 3 of 3