Functional Immunity of Foreign State Officials Before National Courts
Bibliographic Data
| ID | 12734479 |
|---|---|
| Authors | Claus Kreß (Member, Board of Editors of the Journal, corresponding author), Peter Frank (0000-0001-8085-7845, Federal Reserve), Christoph Barthe (Senior Public Prosecutor at the Federal Court of Justice and Judge at the Kosovo Specialist Chambers) |
| Year | 2021 |
| Volume | 19 |
| Issue | 3 |
| Pages | 697-716 |
| Publication date | 2021-05-25 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of International Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1478-1395 • E-ISSN: 1478-1387 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jicj/mqab042 |
| OpenAlex | W3203226686 |
| Language | EN |
| Citations received | 1 |
Whether state officials enjoy functional immunity under customary international law, in foreign proceedings for crimes under customary international law, is a question of central importance for the effective enforcement of international criminal law stricto sensu. This legal issue has recently attracted significant attention because of the work of the International Law Commission (ILC) on the topic, ‘Immunity of State Officials from foreign criminal jurisdiction’. Current ILC Draft Article 7 states that functional immunity does not apply in relation to, inter alia, genocide, crimes against humanity, and war crimes. Draft Article 7 has, however, remained controversial within and outside the ILC. According to one view, Draft Article 7, even to the extent that it relates to crimes under customary international law, does not reflect existing customary international law. Pursuant to this position, state officials enjoy functional immunity in foreign proceedings even in such instances and the practical effect of this position
Crimes against humanity · Criminal jurisdiction · Criminal law · Customary international law · Genocide · International law · Jurisdiction · Political science · Public international law · State (computer science · State immunity · Universal jurisdiction · War crime · International Arbitration and Investment Law · International Law and Aviation · International Law and Human Rights · Law
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |