Abstract
Of all the issues facing the International Law Commission (ILC) in its work on the topic of “Immunity of State Officials from Foreign Criminal Jurisdiction,” how to define “act performed in an official capacity” is certainly one of the most difficult and important. If serious international crimes, like torture, are considered acts performed in an official capacity, then foreign officials responsible for such crimes may (unless an exception applies) be immune from criminal jurisdiction in other states for such acts even after they leave office.
Highlights
Of all the issues facing the International Law Commission (ILC) in its work on the topic of “Immunity of State Officials from Foreign Criminal Jurisdiction,” how to define “act performed in an official capacity” is certainly one of the most difficult and important
Like torture, are considered acts performed in an official capacity, foreign officials responsible for such crimes may be immune from criminal jurisdiction in other states for such acts even after they leave office.[1]
In a shift from the position taken by her predecessor, the Special Rapporteur rejected the argument that any conduct attributable to the State for purposes of state responsibility is necessarily an act performed in an official capacity and entitled to immunity.[3]
Summary
Of all the issues facing the International Law Commission (ILC) in its work on the topic of “Immunity of State Officials from Foreign Criminal Jurisdiction,” how to define “act performed in an official capacity” is certainly one of the most difficult and important. Like torture, are considered acts performed in an official capacity, foreign officials responsible for such crimes may (unless an exception applies) be immune from criminal jurisdiction in other states for such acts even after they leave office.[1] In May 2015, Special Rapporteur Concepción Escobar Hernández published a Fourth Report addressing the issue of “official capacity” in detail.[2] There is much to praise in the Fourth Report.
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
