IMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION REGARDING THE WORK OF THE INTERNATIONAL LAW COMMISSION

KOTEVSKI Miroslav (PhD Candidate. University of Belgrade Faculty of Law), kompekotevski@gmail.com

This paper analyzes the issue of immunity of state officials from foreign criminal jurisdiction, the content of the Institute itself, its position in the existing sources of International Law and its relation to related institutes. Special attention is given to the issue whether the work of the Commission has provided answers to the two most controversial theoretical-legal dilemmas of this institute – the issue of immunity holders and the relationship between jus cogens norms and the norms of criminal law immunity, what is the content of the given solutions and whether these solutions will influence the increase of legal certainty in international relations.

Keywords: Immunity of state officials. – International Law Commission. – Immunity of ratione personae and ratione materiae. – Jus cogens