Immunities of State Officials and the Responsibility for the International Crimes: International and National Law

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Светлана Глотова ◽  
Svetlana Glotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Rome Statute ◽  
Criminal Code ◽  
International Crimes ◽  
State Practice ◽  
The Russian Federation ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

The immunities of high-rank officials regarding to the responsibility of serious crimes of international community concern are analysed in the present paper. Relevance of the topic is maintained in its consideration of the International Law Commission. Principle of the irrelevance of official capacity (Art. 7 IMT, Principle III of the Nuremberg principles, art. 27 Rome Statute of ICC) is universally recognized and has the character of jus cogens. We critically examine the state practice (Pinochet case, Georgia case). The international documents, Criminal Code of the Russian Federation and doctrine are analyzed. By virtue of the constitutional priority of universally recognized principles and norms of International law (Art. 15.4 Constitution), the provisions of the Criminal Code must be fixed in accordance with the Nuremberg principles. This concerns especially principle of irrelevance of official capacity. In case of conflict, the principle of interpretation in accordance with international law should be applied.

The Fifty-Fifth Session of the International Law Commission

2004 ◽  
Vol 98 (2) ◽  
pp. 317-324 ◽  
Author(s):  
Michael J. Matheson ◽  
Sara Bickler
Keyword(s):  
United States ◽  
International Law ◽  
Russian Federation ◽  
The United States ◽  
International Court Of Justice ◽  
International Court ◽  
The Russian Federation ◽  
International Law Commission ◽  
Of Greece ◽  
Law Commission

The International Law Commission held its fifty-fifth session in Geneva from May 5 to June 6, and from July 7 to August 8, 2003, under the chairmanship of Enrique Candioti of Argentina. The Commission elected Roman Kolodkin of the Russian Federation, Constantin Economides of Greece, Teodor Melescanu of Romania, and Michael Matheson of the United States to fill the vacancies resulting from the death of Valery Kuznetsov of the Russian Federation, the election of Bruno Simma of Germany and Peter Tomka of Slovakia to the International Court of Justice, and the resignation of Robert Rosenstock of the United States.

5 State Practice

2021 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
International Law ◽  
International Organizations ◽  
Special Rapporteur ◽  
State Practice ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on state practice. The recent International Law Commission (ILC) work on jus cogens, especially in response to comments and critiques from States, paid great attention to state practice supporting the draft conclusions of the Special Rapporteur. Indeed, as much as possible, the SR and the ILC as a whole rooted his findings and recommendations in extensive citation of precedents. The invocation of practice was broadly inclusive, ranging from votes and official statements in international organizations, through treaty practice (including general comments and conclusions of treaty bodies), to international and national jurisprudence. This approach lends strength to the ILC work.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
Crimes Against Humanity ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

In 2019 the International Law Commission adopted two texts providing for the peremptory character of the prohibition of crimes against humanity, namely the draft articles on the prevention and punishment of crimes against humanity and the draft conclusions on peremptory norms of general international law. While both of these instruments recognise the peremptory character of the prohibition of crimes against humanity, neither of them address the consequences of the peremptory character of the prohibition of crimes against humanity. This article, on the basis, inter alia, of the internal processes leading to the adoption of these instruments, addresses the consequences of the peremptory character of the prohibition of crimes against humanity.

Part V Jus Cogens beyond the Vienna Convention, 24 The Distinction between Jus Cogens and Obligations Erga Omnes

2011 ◽  
Author(s):  
Picone Paolo
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Legal Scholarship ◽  
Final Draft ◽  
Jus Cogens ◽  
International Law Commission ◽  
Historical Origins ◽  
Law Commission

This chapter demonstrates the necessary distinction between the two concepts in question, taking into consideration their different historical origins, their effects, and the reciprocal fields of application. It opposes the conception according to which only the rules creating obligations erga omnes could be considered as peremptory, as well as the theoretical opinion that all norms of jus cogens would produce, if breached, obligations erga omnes. It critically analyses how these erroneous conceptions are reflected in the solutions, although contradictory, adopted by the International Law Commission in the final draft on the responsibility of States approved in 2001. The last part of the chapter shows how the two concepts raise in their operation many different problems, which are not yet adequately considered in the legal scholarship.

scholarly journals Foreign Official Immunity in the International Law Commission: The Meanings of “Official Capacity”

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 156-160
Author(s):  
William S. Dodge
Keyword(s):  
International Law ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
International Law Commission ◽  
Law Commission

Of all the issues facing the International Law Commission (ILC) in its work on the topic of “Immunity of State Officials from Foreign Criminal Jurisdiction,” how to define “act performed in an official capacity” is certainly one of the most difficult and important. If serious international crimes, like torture, are considered acts performed in an official capacity, then foreign officials responsible for such crimes may (unless an exception applies) be immune from criminal jurisdiction in other states for such acts even after they leave office.

The International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts Adopted on Second Reading

2002 ◽  
Vol 15 (4) ◽  
pp. 891-919 ◽  
Author(s):  
Stephan Wittich
Keyword(s):  
International Law ◽  
Legal System ◽  
General Assembly ◽  
International Crimes ◽  
Sensitive Areas ◽  
International Legal System ◽  
International Law Commission ◽  
Law Commission

In 2001 the International Law Commission finally adopted on second reading the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the commentaries thereto, thereby successfully concluding almost half a century of work on the topic by the ILC. Subsequent to the adoption, the General Assembly welcomed the conclusion of the work of the ILC. This article highlights the main changes made during the second reading 1998–2001, among them the issue of international crimes, the concept of injured state and countermeasures. While the 59 articles are the result of compromise, they undoubtedly are a major achievement in one of the most important and most sensitive areas of international law. Ultimately they may be a useful tool to promote the enforcement of community interests in the international legal system.

The international law commission’s recent work on exceptions to immunity: Charting the course for a brave new world in international law?

2018 ◽  
Vol 32 (01) ◽  
pp. 169-187
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Draft Article ◽  
International Crimes ◽  
State Practice ◽  
Brave New World ◽  
Main Criticism ◽  
International Law Commission ◽  
Mixed Reaction

AbstractIn the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunityratione materiaedoes not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunityratione personae. The Draft Article was adopted after a vote and was severely criticized by some members of the Commission. It has also received mixed reaction from states, with some supporting its content while others have opposed it. In the aftermath of the adoption of the Draft Article, there has also been academic commentary, some of which has been critical. The (main) criticism levelled against the Draft Article is that it does not represent existing law and has no basis in the practice of states. This article seeks to evaluate the criticism by considering whether there is any state practice in support of the Draft Article proposed by the Commission.

State Immunity Jus Cogens

2006 ◽  
Vol 55 (2) ◽  
pp. 437-446 ◽  
Author(s):  
Lorna McGregor
Keyword(s):  
International Law ◽  
Working Group ◽  
General Assembly ◽  
State Immunity ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commission established a Working Group on Jurisdictional immunities of States and their property,

Sign in / Sign up

Export Citation Format

Share Document