Document Type : Article
Authors
1 PhD. Student in International Law, Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran
2 Prof., Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran.
3 Assistant Prof., Department of Law, Najafabad branch, Islamic Azad University, Najafabad, Iran
Abstract
Examining the historical course up to the new approach of the international community indicates the precedence of international criminal justice in international crimes over the legal system governing the rules of immunity of government officials. An approach that has been reflected in the practice of international courts, especially the International Criminal Court. In the "Immunity of Government Officials from Foreign Jurisdiction" plan (2003), by establishing a balance between justice and peace, the International Law Commission considered the immunity of heads of state and heads of government and foreign ministers to have personal immunity. On the other hand, it was decided (2017) that material immunity does not apply to the crimes of of "crime of genocide, crimes against humanity, war crimes, crime of apartheid, torture, enforced disappearance". This research, by examining the sources of international law and separating the concepts of personal immunity and material immunity, comes to the conclusion that the head of state can be punished in cases of committing international crimes after the end of office. Pursuing and surrendering the head of state to the competent authority in cases of committing international crimes requires the cooperation of the government of the official and other countries.
Keywords
- Criminal jurisdiction
- immunity of the heads of state
- exercise of foreign jurisdiction
- International Law Commission
Main Subjects
English
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