Immunity of State Officials for International Crimes

6 Baku St. U. L.Rev. 225 (2020)
Article language: Azerbaijani.

It is clear that some of the international crimes committed in every period of history are committed by state officials. The commission of crimes against peace and humanity by state officials as part of the domestic and foreign policy of the state and the non-prosecution of those governments for the sake of immunity have recently become a topical issue in legal debates. In this case, two important legal mechanisms are applied to prevent the violation of the principle of penal responsibility of individuals.
1. Accountability to national courts.
2. Accountability to international courts.
Although the Constitution and other legislative acts of most countries address the issue of the immunity of such persons, the situation is somewhat different in international practice. The situation of officials before national and international justice varies depending on the type of immunity they enjoy and whether their actions were committed during their term of office.

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