Reflexiones en torno a la inmunidad de jurisdicción penal de los Jefes de Estados ante la comisión de crímenes internacionales en el marco del Estatuto de Roma

Abstract

This article aims to address some questions surrounding the topic of the immunity of criminal jurisdiction of Heads of State in the exercise of their functions before the International Criminal Court (ICC). In the first place, the author starts from the distinction between two –although correlated – different planes, such as, on the one hand, the vis-a-vis relationship between the ICC and the State of the agent and, on the other hand, the triangular relationship between the Court, the requested State and the State of the agent. Taking into account such a distintion, the author highlights the incoherent jurisprudential line adopted by the ICC and supports the thesis that defends the existence of an exception of customary law with respect to the immunity of criminal jurisdiction of the Heads of State when the subject is accused of committing international crimes that are related to the first type of plane mentioned above but not the second one.