Volume I, s.4 General Principles of International Criminal Law, 24 Defences, Ch.24.3 Official Capacity and Immunities
Paola Gaeta
From: The Rome Statute of the International Criminal Court
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
It is common knowledge that under international law, State officials are entitled to immunity from foreign jurisdiction. There are two categories of immunities. The first embraces the so-called immunities ratione materiae, also referred to as functional immunities. They cover activities performed by every State official in the exercise of his functions, regardless of where they are discharged. They do not come to an end when the relevant State organ relinquishes his official position.1 In addition, these immunities are opposable to any foreign State, i.e. have an...
