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Crime and Capacity in the ILC’s work on State officials’ immunity

Comment on the second round of State comments on the ILC’s work on State officials’ immunity and various criteria applicable to State officials’ conduct.

Statue of Lady Justice

In this post, Professor Alexander Orakhelashvili comments on the second round of State comments on the ILC’s work on State officials’ immunity and various criteria applicable to State officials’ conduct.

In on State reactions to ILC’s Article 7 on the immunity of State officials before foreign courts. The second round of State comments on Article 7 did not yield much in terms of its distinct content. Most essential updates include Germany’s overview of its latest domestic practice on this matter, and Colombia’s point that “insofar as such crimes involve jus cogens norms, their investigation and prosecution cannot be refused under any circumstances.”

In his Second Report, the Special Rapporteur proposes....