Criminal immunity of state officials in international law

نویسندگان

چکیده

The paper analyzes the practice of states and international courts regarding recognition, non - recognition or withdrawal immunity in cases which are accordance with criminal law against state officials, including highlevel officials. This offers an analysis historical role World War II recognizing individual responsibilities law, enabling process prosecuting officers for violating jus cogens norms. In this sense, we should distinguish ratione personae (personal immunity) from materiae (functional immunity). High officials such as Head State, Prime Minister Foreign Affairs have personae. On other hand, is enjoyed by While personal derives function performed high-rank ensure unhindered performance their duties, functional primarily protect state, not official, because official acts only on behalf state. Based this, points out that domestic courts, International Court Justice Criminal withdrawing inconsistent. Seventh Report Immunity State Officials foreign jurisdiction Commission Law indicates areas articles a potential document be elaborated. addition to contradictory judgments Court, impossibility defining uniform rules arises different understanding believe dignity will endangered if high prosecuted states. concludes further monitoring work relevant needed order produce draft representatives based practice.

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ژورنال

عنوان ژورنال: Bezbednost

سال: 2022

ISSN: ['0409-2953']

DOI: https://doi.org/10.5937/bezbednost2202145a