State Immunity and Criminal Proceedings: Why Foreign Officials Cannot Claim Immunity Ratione Materiae from the Legal Process of Extradition

Posted: 6 Aug 2013 Last revised: 22 Jan 2015

See all articles by Thiago B. Jardim Oliveira

Thiago B. Jardim Oliveira

University of Geneva - Department of Public International Law; Graduate Institute of International and Development Studies (IHEID)

Date Written: September 13, 2013

Abstract

Any debate on the exceptions to the immunity enjoyed by former State officials immediately brings to mind the extradition proceedings before English courts against Chile’s former President Pinochet. Ever since, the assumption has been that former State officials, as a rule, enjoy immunity from extradition proceedings once they have acted on behalf of a State. Supported by recent developments, however, this article questions this assumption. The idea that the immunity enjoyed by former State officials applies to every measure of criminal procedure, and that extradition is one such measure, misconceives the nature and purpose of both immunity ratione materiae and extradition proceedings.

Keywords: functional immunity, extradition, State officials, public international law

Suggested Citation

Jardim Oliveira, Thiago Braz, State Immunity and Criminal Proceedings: Why Foreign Officials Cannot Claim Immunity Ratione Materiae from the Legal Process of Extradition (September 13, 2013). Available at SSRN: https://ssrn.com/abstract=2306493 or http://dx.doi.org/10.2139/ssrn.2306493

Thiago Braz Jardim Oliveira (Contact Author)

University of Geneva - Department of Public International Law ( email )

Geneva
Switzerland
+41 22 37 99510 (Phone)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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