INTERNATIONAL LAW COMMISSION SHOULD REAFFIRM THAT STATE OFFICIALS DO NOT ENJOY FUNCTIONAL IMMUNITY FROM FOREIGN CRIMINAL JURISDICTIONS WITH REGARD TO GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES, TORTURE, ENFORCED DISAPPEARANCE & EXTRAJUDICIAL EXECUTION
23 April 2021, Index number: IOR 40/4028/2021
On the eve of a new session of the International Law Commission (ILC), where the item 'Immunity of State officials from foreign criminal jurisdiction' shall be discussed again, Amnesty International calls on the members of this subsidiary organ of the General Assembly to confirm the customary international law position that functional immunity (immunity ratione materiae) does not protect state officials from foreign criminal jurisdiction in respect of crimes under international law (genocide, crimes against humanity, war crimes, torture, enforced disappearance and extrajudicial execution).
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