Criminal Immunity of State Officials from Foreign Criminal Jurisdiction In Draft of International Law Commission

Although the immunity of the officials to international courts is not in doubt and the founding and procedural documents of these courts confirm the non-immunity of the heads of state and officials, referring the immunity of these officials to the domestic courts has always been the subject of debate. In particular, with the domination of human rights discourse in recent decades and the need to prosecute perpetrators of international crimes, regardless of their position and the need for the implementation of criminal justice and the fight against impunity for all defendants, has added to the scientific debates on this subject. The domestic courts of some countries, by accepting these arguments, began to prosecute the officials of other countries, which highlights the need to explain various aspects of the subject in light of the recent developments in international law. The United Nations Commission of International Law, in compliance with its task of codification and developing international law, intended to put the issue of criminal immunity of officials by the domestic courts in his agenda. So far, six articles of draft have been approved preliminary and article 7 about exceptions of such immunity is under consideration.