Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Table of Cases
- Table of Treaties and other International Instruments
- Table of Abbreviations
- PART A INTRODUCTION
- PART B PROSECUTIONS IN NATIONAL COURTS
- PART C INTERNATIONAL PROSECUTIONS
- PART D SUBSTANTIVE LAW OF INTERNATIONAL CRIMES
- PART E PRINCIPLES AND PROCEDURES OF INTERNATIONAL PROSECUTIONS
- PART F RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL SYSTEMS
- 20 State Cooperation with the International Courts and Tribunals
- 21 Immunities
- 22 Alternatives and Complements to Criminal Prosecution
- 23 The Future of International Criminal Law
- Index
- References
21 - Immunities
from PART F - RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL SYSTEMS
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Table of Cases
- Table of Treaties and other International Instruments
- Table of Abbreviations
- PART A INTRODUCTION
- PART B PROSECUTIONS IN NATIONAL COURTS
- PART C INTERNATIONAL PROSECUTIONS
- PART D SUBSTANTIVE LAW OF INTERNATIONAL CRIMES
- PART E PRINCIPLES AND PROCEDURES OF INTERNATIONAL PROSECUTIONS
- PART F RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL SYSTEMS
- 20 State Cooperation with the International Courts and Tribunals
- 21 Immunities
- 22 Alternatives and Complements to Criminal Prosecution
- 23 The Future of International Criminal Law
- Index
- References
Summary
Introduction
Overview
The international law of immunities has ancient roots, extending back not hundreds, but thousands, of years. In order to maintain channels of communication and thereby prevent and resolve conflicts, societies needed to have confidence that their envoys could have safe passage, particularly in times when emotions and distrust were at their highest. Domestic and international law developed to provide for inviolability of a foreign State's representatives and immunities from the exercise of jurisdiction over those representatives.
While immunities are valuable in preventing interference with representatives, and thereby maintaining the conduct of international relations, they can also frustrate prosecutions for very serious crimes. In recent decades, with the advent of the human rights movement, States have taken stronger and stronger steps to prosecute international criminals. This emboldened State practice has brought to the fore many hidden or unresolved questions as to the boundaries between principles of accountability and immunity.
While international priorities are shifting in favour of justice and accountability, it would be an oversimplification to assume that international criminal law has simply superseded immunities law. Commentators have at times assumed that no immunity of any kind may be raised in response to allegations of genocide, crimes against humanity or war crimes. However, such a view overlooks different kinds of immunities, and is contradicted by the great bulk of State practice and jurisprudence.
- Type
- Chapter
- Information
- An Introduction to International Criminal Law and Procedure , pp. 531 - 560Publisher: Cambridge University PressPrint publication year: 2010
References
, ‘International Law Immunities and the International Criminal Court’ (2004) 98 American Journal of International Law407.CrossRefGoogle Scholar
, ‘The Legal Nature of Security Council Referrals to the ICC and its Impact on Al Bashir's Immunities’ (2009) 7 Journal of International Criminal Justice332.CrossRefGoogle Scholar
, International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law (Oxford, 2003) ch. 7.Google Scholar
, The Abuse of Diplomatic Privileges and Immunities: A Necessary Evil? (Dartmouth, 1996).Google Scholar
, ‘The Future of Former Head of State Immunity After Ex Parte Pinochet’ (1999) 48 International and Comparative Law Quarterly937.Google Scholar
, ‘When May Senior State Officials Be Tried for International Crimes? Some Comments on the Congo v. Belgium Case’ (2002) 13 European Journal of International Law853.CrossRefGoogle Scholar
, ‘Prosecutor v. Taylor: The Status of the Special Court for Sierra Leone and its Implications for Immunity’ (2005) 18 Leiden Journal of International Law299.CrossRefGoogle Scholar
, ‘Ex Parte Pinochet: Lacuna or Leap?’ (1999) 48 International and Comparative Law Quarterly949.Google Scholar
, ‘The Question of Charles Taylor's Immunity’ (2004) 2 Journal of International Criminal Justice1118.CrossRefGoogle Scholar
, ‘Official Capacity and Immunities’ in Cassese, Commentary, 975.
, ‘Does President Al Bashir Enjoy Immunity from Arrest?’ (2009) 7 Journal of International Criminal Justice315.CrossRefGoogle Scholar
, ‘Immunities of Foreign Ministers: Paragraph 61 of the Yerodia Judgment as it Pertains to the Security Council and the International Criminal Court’ (2004) 20 American University International Law Review7.Google Scholar
, The Immunities of States and Their Officials in International Criminal Law and International Human Rights Law (Oxford, 2008) ch. 5.CrossRefGoogle Scholar
, ‘Immunity and International Crimes in English Law’ (2004) 53 International and Comparative Law Quarterly769.CrossRefGoogle Scholar
, and , ‘The Pinochet Cases in the United Kingdom’ (1999) 2 Yearbook of International Humanitarian Law91.CrossRefGoogle Scholar
, ‘The Legal Position in International Law of Heads of State, Heads of Government and Foreign Ministers’ (1994–III) 247 Recueil des cours de l'Academie de droit international.Google Scholar
, ‘Immunities, Related Problems, and Article 98 of the Rome Statute’ (2001) 12 Criminal Law Forum429.CrossRefGoogle Scholar
, ‘Immunity for Core Crimes? The ICJ's Judgment in the Congo v. Belgium Case’ (2002) 13 European Journal of International Law877.CrossRefGoogle Scholar
, ‘Immunity versus Human Rights: The Pinochet Case’ (1999) 10 European Journal of International Law237Google Scholar
, ‘War Crimes and State Immunity in the Ferrini Decision’ (2005) 3 Journal of International Criminal Justice224Google Scholar
, ‘Torture and State Immunity: Deflecting Impunity, Distorting Sovereignty’ (2007) 18 European Journal of International Law903Google Scholar
, ‘The Pinochet Case: International Human Rights Law on Trial’ (2001) 71 British Yearbook of International Law 29 at 47Google Scholar
, The Embassador and his Functions, 2nd edn (London, 1740) (translated into English by John Digby) 251
, The Law of State Immunity, 2nd edn (Oxford, 2008) 93–7.
, ‘Resolving the Confusion Over Head of State Immunity: The Defined Right of Kings’ (1986) 86 Columbia Law Review169Google Scholar
, State and Diplomatic Immunity, 3rd edn (Lloyd's of London Press, 1999) 125
(ed.), Satow's Guide to Diplomatic Practice, 5th edn (Longman, 1979) 9.
, ‘Prefecture of Voiotia v. Federal Republic of Germany’ (1998) 92 American Journal of International Law765Google Scholar
and , Oppenheim's International Law, 9th edn (London, 1992) 1034.
, ‘State Responsibility v. Individual Responsibility for International Crimes: Tertium Non Datur?’ (2002) 13 European Journal of International Law895Google Scholar
, ‘Regina v. Bow Street Stipendiary Magistrate, Ex Parte Pinochet Ugarte (No. 3)’ (1999) 93 American Journal of International Law703Google Scholar
, ‘War Crimes Committed in Non-International Armed Conflict and the Emerging System of International Criminal Justice’ (2000) 30 Israel Yearbook on Human Rights 103 at 158–9.Google Scholar
, ‘The Belgian Court of Cassation v. The International Court of Justice: The Sharon and Others Case’ 1 Journal of International Criminal Justice (2003) 437 at 443–50.Google Scholar
Princeton Principles on Universal Jurisdiction (Princeton University, 2001) 48–50
, ‘Immunities and Bilateral Agreements: Issues Arising from Articles 27 and 98 of the Rome Statute’, (2006) New Zealand Journal of Public and International Law269Google Scholar
, ‘Immunities of Foreign Ministers: Paragraph 61 of the Yerodia Judgment as it Pertains to the Security Council and the International Criminal Court’ (2004) 20 American University International Law Review7Google Scholar
, ‘Arrest Warrant of 11 April 2000’ (2003) 52 International and Comparative Law Quarterly775Google Scholar
and (eds.), Oppenheim's International Law, 9th edn (Essex, 1992) 1034.
, ‘The Impact of the Human Rights Accountability Movement on the International Law of Immunities’ (2002) 40 Canadian Yearbook of International Law 151 at 188–9.Google Scholar
, ‘Do Heads of State in Office Enjoy Immunity from Jurisdiction for International Crimes? The Ghaddafi Case Before the French Cour de Cassation’ (2001) 12 European Journal of International Law 595 at 606Google Scholar
, ‘Prosecutor v. Taylor: The Status of the Special Court for Sierra Leone and its Implications for Immunity’ (2005) 18 Leiden Journal of International Law299Google Scholar
, ‘Immunities of Foreign Ministers and their Exposure to Universal Jurisdiction’ (2002) 76 Austin Law Journal 290 at 293.Google Scholar
and (eds.), The Rome Statute and Domestic Legal Orders (Rome, 2000)
, ‘ICC Prosecutor charges the President of Sudan with genocide, crimes against humanity and war crimes in Darfur’ (2008, 28 July) 12 ASIL InsightsGoogle Scholar
, ‘Obtaining Cooperation from Sudan – Where is the Law?’ (2008) 6 Journal of International Criminal Justice871.Google Scholar
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