Functional Immunities From Criminal Jurisdiction

Abstract

This article deals with the determination of the extent to which government officials are subjected to criminal prosecution befor national courts of other countries for international crimes and some related issues, such as diplomatic immunity, immunity before international courts and immunity of foreign armed forces. Here are considered a functional immunities international law gives state officials, the reasons for granting such immunities and if they be applied in situations where there is reasonable suspicion that a state official has committed a international crime. This is proving that functional immunities applys in situations where is reasonable doubt that the current international state official committed a international crime. When it is about high former government officials they enjoy immunity for criminal acts committed in the performance of official duties. They could be prosecuted for any other criminal acts committed before, during and after the exercise of the functions.

Here are discarded traditional arguments about the scope and merits of functional immunity and considered the new based on judgments international and domestic courts at the end of last and at the beginning of this century.