THE IMMUNITY OF STATE OFFICIALS FROM FOREIGN PENAL JURISDICTION IN LIGHT OF THE INTERNATIONAL LAW COMMISSION'S DRAFT
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Abstract
The issue of immunity of state officials from foreign penal jurisdiction is of great importance due to its impact on the principle of sovereign equality and international stability. Interest in the topic grew after widespread serious human rights violations and efforts to hold perpetrators accountable regardless of official position. Several states began exercising criminal jurisdiction over foreign officials, which risks destabilizing international relations. In response, the International Law Commission added the topic to its agenda in 2007. This led to the adoption of draft articles on the matter by the Commission in 2022
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References
Carla Vega, The Immunity from Criminal Jurisdiction of State Organs, Master's Thesis, Faculty of Law and Criminology, Catholic University of Louvain, 2016–2017
B – Legal Texts
Roman A. Kolodkin, Immunity of State Officials from Foreign Criminal Jurisdiction, Report of the International Law Commission on the Work of Its Fifty-Eighth Session, Yearbook of the International Law Commission, Volume II, Part Two, Annex I, 2006, http://legal.un.org/ilc/publications/yearbooks/2006 (consulted on 09/04/2024)
The memorandum of the Secretariat, Note on the Immunity of State Officials from Foreign Criminal Jurisdiction, Document A/CN.4/596, http://legal.un.org/docs/?symbol=A/CN.4/596 (consulted on 09/04/2024)
Roman A. Kolodkin, First Report on the Immunity of State Officials from Foreign Criminal Jurisdiction, Document A/CN.4/601, http://legal.un.org/docs/?symbol=A/CN.4/601 (consulted on 09/04/2024)
International Law Commission, Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction, First Reading, 2022, http://legal.un.org/ilc/texts/instruments/english/draft_articles/9_12_2022 (consulted on 09/04/2024)
International Law Commission, Report of the Seventy-Third Session (18 April–3 June and 4 July–5 August 2022), Document A/77/10, http://legal.un.org/docs/?symbol=A/77/10 (consulted on 09/04/2024)
Concepción Escobar Hernández, Third Report on the Immunity of State Officials from Foreign Jurisdiction, International Law Commission, 2011, Document A/CN.4/646, http://legal.un.org/docs/?symbol=A/CN.4/646 (consulted on 09/04/2024)
Concepción Escobar Hernández, Fourth Report on the Immunity of State Officials from Foreign Jurisdiction, International Law Commission, 2015, Document A/CN.4/686, http://legal.un.org/docs/?symbol=A/CN.4/686 (consulted on 09/04/2024)
Claude Grossman Giloff, First Report on the Immunity of State Officials from Foreign Jurisdiction, International Law Commission, 2024, Document A/CN.4/774, http://legal.un.org/docs/?symbol=A/CN.4/774 (consulted on 09/04/2024)
International Law Commission, Vienna Convention on the Law of Treaties, Article 7/1, 1969, http://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969 (consulted on 09/04/2024)
International Court of Justice, Order of 11 April 2000, Democratic Republic of the Congo v. Belgium, ICJ Reports 2002, http://icj-cij.org/en/case/121/orders (consulted on 09/04/2024)
Pigeon Kambale Mahuka, Foreign Criminal Jurisdiction Immunity of State Representatives in the Commission of International Crimes, Review of the Faculty of Law, Unigom, No. 2, 2017, http://unigom.ac.cd/revue-no2 (consulted on 09/04/2024)
International Law Commission, Report of the Sixty-Ninth Session (1 May–2 June and 3 July–4 August 2017), Document A/72/10, http://legal.un.org/docs/?symbol=A/72/10 (consulted on 09/04/2024)
International Law Commission, Immunity of State Officials from Foreign Criminal Jurisdiction: Comments and Observations from Governments, Seventy-Fifth Session (29 April–31 May and 1 July–2 August 2024), Document A/CN.4/771, http://legal.un.org/docs/?symbol=A/CN.4/771 (consulted on 09/04/2024)