Immunity as a Main Obstacle on the Way of National Prosecution of International Crimes

5 Baku St. U. L.Rev. 83 (2019)
Article language: English.

Abstract

The immunity of foreign high-rank state officials – heads of state, heads of government, and ministers of foreign affairs – is one of the main problems on the way of their national prosecution for committing of grave international crimes. This article is mainly dedicated to give an overview of the provisions about immunity of foreign high-rank state officials, which are stipulated in the decisions and Charters of Nuremberg and other tribunals, Rome statute, as well as decisions of national courts. The notion and types of immunities, analysis of various approaches, as well as the practice of international and national courts in determination of exceptions to the immunity of foreign high-rank state officials in national and international jurisdiction are researched.

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