Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction: A Pathway to Better Outcomes

Maeve Claffey

Jump to Content

4 Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction

A Pathway to Better Outcomes

In: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 34 (2021)

Author:

Maeve Claffey

Maeve Claffey
Search for other papers by Maeve Claffey in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 89–118

DOI:: https://doi.org/10.1163/9789004544796_005

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

The contours of the immunity accorded to State officials have long been uncertain. The International Law Commission sought to clarify aspects of it in these Articles, which provide general guidelines on the immunity and a devote a section to procedural safeguards accorded to officials who are subject to the exercise of foreign criminal jurisdiction. This article analyses the utility of those safeguards in the context of their contribution to the legitimacy of domestic decisions on immunity as well as the importance of the communication of States on this issue. It is concluded that the safeguards enhance the legitimacy of such decisions by providing domestic practitioners with a guide to follow in their determinations. It is further found that the communication obligation is a key aspect of reducing potential political tensions that may arise as a result of the exercise of foreign criminal jurisdiction.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004544796/BP000012.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 34 (2021)

Series: Hague Yearbook of International Law / Annuaire de La Haye de droit international, Volume: 34

E-Book ISBN:: 9789004544796

Publisher:: Brill | Nijhoff

Print Publication Date:: 19 Jul 2023

Subjects
- International Law
  - Public International Law

Front Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	166	17	1
Full Text Views	18	1	0
PDF Views & Downloads	30	0	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

4 Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction

A Pathway to Better Outcomes

Abstract

Citation Info

Share link with colleague or librarian

Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 34 (2021)

Table of Contents

Metrics

Metrics