Trying Former and Incumbent High-Level State Officials, Suspected of Having Committed International Crimes -- Personal and Functional Immunity as a Procedural Bar to Foreign State Adjudicative Jurisdiction?

Abstract

This essay tries to find the balance between the sovereignty equality of states and the desire to punish a state official’s heinous conduct by another state. Ultimately, the goal is to ascertain if and when former and incumbent high-level state officials, suspected of having committed international crimes, can be tried in foreign courts. Particular attention will be paid to the International Court of Justice's Judgment in the Arrest Warrant case and recent national court decisions in the cases of Pinochet and Bouterse.

Keywords: International law, immunity, ratione personae, ratione materiae, Arrest Warrant, International Court of Justice

JEL Classification: K33