Immunity, Individuals and International Law

State immunity protects the world's most powerful individuals from prosecution in foreign states,no matter how serious the alleged crime. This book clearly explains which individuals are immune, for what conduct and for what period. The justifications for immunity are examined and state practice, including the decisions in the Pinochet case, are analysed. This book shows that immunity is only narrowly available to the highest of state officials whilst in office, and that the immunity accorded, by consent, to special missions is otherwise sufficient. This book argues that former high state officials are not immune from prosecution for serious offences committed on the territory of other states. The analysis demonstrates that not all official conduct automatically imparts immunity from prosecution. The development of the regime for the prosecution and punishment of international crimes by international courts is considered and the perceived conflict between immunity and impunity is examined in the light of the complementarity principle of the International Criminal Court. This book is essential reading for all international lawyers, academics and students.

Autorentext

Dr. Elizabeth H. Franey is a solicitor who has been employedin the Magistrates' Courts Service for over 25 years. She isresponsible for the International Jurisdiction of Her Majesty'sCourt Sevice at City of Westminster Magistrates' Court.

Klappentext

State immunity protects the world's most powerful individuals from prosecution in foreign states,no matter how serious the alleged crime. This book clearly explains which individuals are immune, for what conduct and for what period. The justifications for immunity are examined and state practice, including the decisions in the Pinochet case, are analysed. This book shows that immunity is only narrowly available to the highest of state officials whilst in office, and that the immunity accorded, by consent, to special missions is otherwise sufficient. This book argues that former high state officials are not immune from prosecution for serious offences committed on the territory of other states. The analysis demonstrates that not all official conduct automatically imparts immunity from prosecution. The development of the regime for the prosecution and punishment of international crimes by international courts is considered and the perceived conflict between immunity and impunity is examined in the light of the complementarity principle of the International Criminal Court. This book is essential reading for all international lawyers, academics and students.