- PII
- S1026-94520000616-5-1
- DOI
- 10.7868/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 2
- Pages
- 79-88
- Abstract
- The article covers interim results of International Law Commission's work on topic “Immunity of State officials from foreign crim - inal jurisdiction ”. The draft of 6 articles, provisionally adopted by International Law Commission are subject to research in the article. Also the article considers the contemporary problems concerning immunities of individuals in relation to criminal prosecution. It is widely accepted that official high-ranking capacity doesn't prevent individuals from criminal proceedings in case of committing international crimes. This provision now makes part of modern general international law. At the same time according to international rules high officials, including heads of states, enjoy immunities from criminal jurisdiction. International and domestic court practice in such cases is rather controversial. Thereby the most complicated issue is to find the correct correlation between these legal provisions concerning such immunities in cases when international crimes committed by high officials of a state.
- Keywords
- immunities ratione personae and ratione materiae, International Law Commission, criminal responsibility, state officials, draft articles, international treaties
- Date of publication
- 01.02.2017
- Year of publication
- 2017
- Number of purchasers
- 4
- Views
- 1183
RAS Social ScienceГосударство и право Gosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online) 2713-0398
The current development of the concept of the immunity of state officials from foreign criminal jurisdiction
Indexing
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library