Analytical Presentation of the Comments and Observations by States on Draft Article 7, Paragraph 1, of the ILC Draft Articles on Immunity of State Officials From Foreign Criminal Jurisdiction, United Nations General Assembly, Sixth Committee, 2017

KFG Working Paper Series No. 14, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?'

108 Pages Posted: 16 May 2018 Last revised: 29 Jun 2018

Janina Barkholdt

Humboldt University of Berlin

Julian Kulaga

Humboldt University of Berlin

Date Written: May 2018

Abstract

During its sessions in 2016 and 2017 the UN International Law Commission (ILC) debated the question whether the immunity of State officials from foreign criminal jurisdiction is subject to exceptions for international crimes and provisionally adopted a Draft Article 7 on immunity ratione materiae. The following analytical presentation classifies and documents the reactions of States to draft article 7, paragraph 1, as they have been expressed in the Sixth (Legal) Committee of the General Assembly in 2017.

Suggested Citation

Barkholdt, Janina and Kulaga, Julian, Analytical Presentation of the Comments and Observations by States on Draft Article 7, Paragraph 1, of the ILC Draft Articles on Immunity of State Officials From Foreign Criminal Jurisdiction, United Nations General Assembly, Sixth Committee, 2017 (May 2018). KFG Working Paper Series No. 14, Berlin Potsdam Research Group 'The International Rule of Law – Rise or Decline?'. Available at SSRN: https://ssrn.com/abstract=3172104 or http://dx.doi.org/10.2139/ssrn.3172104

Janina Barkholdt (Contact Author)

Humboldt University of Berlin ( email )

Unter den Linden 6
Berlin, Berlin 10099
Germany

Julian Kulaga

Humboldt University of Berlin ( email )

Unter den Linden 6
Berlin, AK Berlin 10099
Germany

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