Exercising FOREIGN CRIMINAL JURISDICTION over State officials
Authors
Abstract:
Our article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. Legal domestic Judgments around the world particularly in UK and Spain support our approach and we use the findings of the International Court of Justice in several relevant cases such as Arrest Warrant of 11 April 2000. We argue that personal immunity continues to apply even where prosecution is sought for international crimes. Also we consider that instead of a single category of personal immunity there are in fact two types of such immunity and that one type extends beyond senior officials such as the Head of State and Head of Government. Most of the article deals with functional immunity.
similar resources
Jurisdiction over E Commerce
Expansion of business onto the Internet crosses national borders and creates uncertainty as to the propriety of jurisdiction by the courts of nations and their internal political units. Analysis of jurisdiction in United States law reveals that traditional rules provide guidance for resolving the question of constitutional jurisdiction in cases that cross geopolitical lines.
full textPiggyback Jurisdiction in the Proposed Federal Criminal Code
Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your perso...
full textConstitutional jurisdiction over health in Canada.
National Forum on Health, Canada Health Action: Building on the Legacy – Final Report of the National Forum on Health (Ottawa: Minister of Public Works and Government Services, 1997) at 20. Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons, 1999 – Chapter 29: Federal Support of Health Care Delivery (Ottawa; Minister of Public Works and Government Service...
full textMy Resources
Journal title
volume 24 issue None
pages 211- 238
publication date 2020-01
By following a journal you will be notified via email when a new issue of this journal is published.
No Keywords
Hosted on Doprax cloud platform doprax.com
copyright © 2015-2023