The Current Work of the International Law Commission on Immunity of State Officials from Foreign Criminal Jurisdiction – Comments on the Procedural Safeguards Provisionally Adopted in 2021

Abstract

Four years after the much-discussed voting on limitations and exceptions to functional immunity of State officials (draft article 7) by the International Law Commission (ILC), the ILC has provisionally adopted new draft articles at its session in 2021. These proposals set out procedural safeguards of immunity of State officials. Such procedural safeguards are essential for a balanced approach to the topic of immunity of State officials from foreign criminal jurisdictionwhich will help to overcome divisions on the matter in the international community and within the ILC. This may pave the way for an international treaty on immunity of State officials which would provide crucial guidance for practitioners dealing with cases of immunity of State officials. However, while the type and structure of the procedural safeguards provisionally adopted by the ILC are helpful, some key aspects remain unclear and should be refined.