Abstract

This article argues that an international anti-corruption court has to respect the functional and personal immunity of officials of states that are not a party to it. If an exception applies to immunity before international courts that prosecute international crimes, this exception does not extend to a court that would prosecute transnational crimes. Since personal immunity rules stand in the way of prosecution of (certain, high-level) kleptocrats in foreign national courts, these rules will also hamper the exercise of jurisdiction by an international court. The article further takes issue with the oftheard proposition that corruption is a purely private act that escapes the reach of the functional immunity rule, concluding that functional immunity considerations require closer study in the context of the plans to prosecute corruption crimes at the international level.

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