Immunities of State Officials, International Crimes, and Foreign Domestic Courts
Bibliographic Data
| ID | 12197864 |
|---|---|
| Authors | Adebowale Akande (0000-0002-6521-3272, corresponding author), D Akande, S Shah (0000-0002-3814-1269), Syed Faisal Shah (0000-0003-4874-6509, University of Nottingham) |
| Year | 2010 |
| Volume | 21 |
| Issue | 4 |
| Pages | 815-852 |
| Publication date | 2010-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chq080 |
| OpenAlex | W2166844546 |
| Language | EN |
| Citations received | 13 |
This 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. We argue that personal immunity (immunity ratione personae) 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 (immunity ratione materiae). We take the view that this type of immunity does not apply in the case of domestic prosecution of foreign officials for most international crimes. However, we reject the traditional arguments which have been put forward by scholars and courts in support of this view. Instead we consider the key to understanding when functional immunity is available lies in examining how jurisdiction is conferred on domestic courts
Government (linguistics · International law · Jurisdiction · Personal jurisdiction · Political science · State (computer science · Computer Science · Corporate Law and Human Rights · International Law and Aviation · International Law and Human Rights · Law
The Obligation to Prosecute Heads of State Under the Rome Statute of the Internatonal Criminal Court (Icc) and Customary International Law
R v. Reeves Taylor (Appellant). [2019] UKSC 51
Understanding South Africa’s Changing Positions on International Criminal Justice
The Criminalization of Torture in South Africa
The international law commission’s recent work on exceptions to immunity
I. Immunity of State Officials From the Criminal Jurisdiction of a Foreign State
A Critique of the Demise of Heads of State Immunity in the Age of Human Rights
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Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity
The Difference Law Makes
Africa's role in the progression of international criminal justice
| Unique citing works | 13 |
|---|---|
| Citations per year | 0,93 |
| Citation span | 2012 - 2023 (12) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 13 |