The Limitations And Exceptions Of The Immunity Of State Officials From Foreign Criminal Jurisdiction

The sovereign equality has always been regarded as the theoretical basis for jurisdictional immunity,especially in the diplomatic privileges and immunities,and it is clearly stipulated in relevant international conventions.After the two world wars in the 20th century,with the development and flourishing of international criminal law,international human rights law,and international humanitarian law,the traditional diplomatic privileges and immunities system has faced many severe challenges.The"irrelevance of official status" has made a major impact on the immunity.The punishment for serious international crimes also has been viewed as international jus cogens.In practice,the "European Military tribunal" and the "Far East Military tribunal" have made great strides in the pursuit of criminal responsibility for individuals committing serious international crimes,and the practice of special international criminal tribunals and related domestic tribunals have further influenced the traditional Privileges and immunities.Since 2006,ILC has published eight reports on the "immunity of State Officials from Foreign Criminal Jurisdiction".The 2017 report concerns the limitations and exceptions of the immunity of state officials from foreign criminal jurisdictional were impressive.The core is whether,in the current development of international law,there are already general limitations and exceptions to the traditional privilege and immunity system,rather than appeared in the special circumstances in the past.This will have a great impact on the theory and practice of international law.At the same time,it will also face many difficulties in reality.This article will analyze the current status of this issue and try to judge whether there are some limitations and exceptions.This article will study from the following four aspects:The first part would summarize the immunity of state officials from foreign criminal jurisdiction,and analyzes the scope and classification of state officials.We have to notice that the immunity of state officials from foreign criminal jurisdiction often appeared in the ILC report and scholars’ study.At the same time,the scope and classification of state officials is also the summary of practice,which is of great significance to the source and time of the rights of immunity,and will have a significant impact on the immunity of state officials from different countries.The second part would introduce the theoretical study on the limitations and exceptions of the immunity of state officials from foreign criminal jurisdiction.It mainly elaborates three aspects:first,introducing the "irrelevance of official status"and its effect on the immunity of state officials from foreign criminal jurisdiction.The second is to elaborate the "guilty and punishment." now,with the development of international human rights law and humanitarian law,guilty and punishment has already had the character of international jus cogens,and it conforms to the legal values of international community and the common interests of mankind.It poses a direct challenge to the immunity of state officials from foreign criminal jurisdiction.The third would analyze the "universal jurisdiction".Due to the different attitudes of various countries to the jurisdiction of serious international crimes,the relative cases not only influence the immunity but also affect international relationships.The third part would introduce the current practice of the limitations and exceptions of the immunity of State officials from foreign criminal jurisdiction.Mainly from two aspects to analyze:First,the practice of international judicial institutions.Like International Court of Justice and the International Criminal Court.Because every court determines the jurisdiction and denies the immunity of state officials has different reasons.The second is the practice of domestic court.In the practice of only some domestic courts,the different judgements produced to different state officials.The fourth part would analyze the problems that the limitations and exceptions on the immunity of state officials faced from criminal jurisdiction.Mainly from the following three aspects to analyze:First,the theory of absolute sovereignty still made negative effect on the limitations and exceptions of the immunity.Second,the contradiction in the pursuit of the values of the laws of different sectors under international law has intensified the fragmentation of international law.Customary international law on immunities continues to defend the traditional system of immunities.Third,international political relations are an important factor affecting the limitations and exceptions of immunity.Many countries are still more cautious because of the sovereignty.