Immunity Of State Officials From Foreign Criminal Jurisdiction

With the development of international criminal law, more and more countries has made regulations under the jurisdiction of international crimes in the national legislation, and the possibility of a state official sued by foreign country for committing international crimes also increases, undoubtedly, it is a huge challenge to the state officials’ foreign criminal jurisdiction immunity by customary international law. Although the International Law Commission has included the issues in its agenda, there is still not exist a universal law that have a comprehensive provisions on the issues. In this paper,the author is divided to four chapters to of analyze the issue of the state officials’foreign criminal jurisdiction immunity:in the first chapter, by introducing the historical process, origin and controversy about the scope of the state officials, the author to explain the importance of the this topic’s study; chapter II and III focuses on the challenges of the state officials’foreign criminal jurisdiction immunity faced, that is the establishment of universal jurisdiction and individual international criminal responsibility; the final chapter of this paper, through the state officials’criminal cases hearing by International criminal Court and the International Court of Justice which is the most authoritative international judicial institutions, to study the development trend of the subject, while in the last part of the chapter expounded China’s position.Various problems are much more in demand about the state officials’foreign criminal jurisdiction immunity. To solve these problems, in addition to the existing international treaties, development trend of international practice and international law in related fields can not be ignored. And it crucial to compile these issues for the national officials’ foreign criminal jurisdiction immunity.