Will the ILC endorse the absolute immunity of foreign state officials from criminal jurisdiction?

In its latest draft on immunity of State officials from foreign criminal jurisdiction, the UN International Law Commission has proposed Article 5(1), according to which “State officials enjoy immunity ratione materiae from the exercise of foreign criminal jurisdiction with respect to acts performed in an official capacity.” Earlier in her Fourth Report on this topic, Special Rapporteur Escobar Hernandez has explained that “The term “act performed in an official capacity” is broader in scope than “acta jure imperii”, and could cover certain acta jure gestionis performed by State officials in the discharge of their mandate and in exercise of State functions.” The ILC’s approach thus proposes a substantial extension of the ordinary approach to the immunity of State officials under the restrictive doctrine of State immunity, according to which the State is immune for the acts that consist of the exercise of its sovereign and public authority and State officials are immune for the same range of acts, i.e. for what the State itself would be immune. Under the Commission’s approach... Read full article...