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Analytical Guide


Immunity of State officials from foreign criminal jurisdiction

last update: 7 May 2013
A. Mandate

- 2006 recommendation of the Working-Group on the long-term programme of work (See syllabus: A/61/10 (E, F, S, R, C, A))
- 2007 decision to include the topic in its programme of work
- G.A. Res.62/66 of 6 December 2007

B. Studies undertaken by the Secretariat and Reports of the Secretary-General
     1. 60th session of the International Law Commission (2008)
       - Memorandum prepared by the Secretariat
- U.N. Doc. A/CN.4/596 (F, S, R, C, A)
C. Reports of the Working Group or Sub-Committee

None

D. Reports of the Special Rapporteur
    1. Preliminary report on immunity of State officials from foreign criminal jurisdiction.  Discussion of the history of the consideration of the question of immunity of State officials from foreign jurisdiction by the International Law Commission and the Institute of International Law. Consideration of preliminary issues (sources, immunity and jurisdiction) as well as of issues to be considered in defining the scope (boundaries of the topic and persons covered).
      - Preliminary Report of the Special Rapporteur, Mr. Roman Anatolevich Kolodkin (60th session of the ILC (2008))
- U.N. Doc. A/CN.4/601 (F, S, R, C, A)
- ILC Report, A/63/10, 2008, Chp. X, paras.267-311
    2. Consideration of the scope of immunity of a State official from foreign criminal jurisdiction, including immunity ratione materiae, ratione personae, acts of a State exercising jurisdiction which are precluded by the immunity of an official, territorial scope of immunity and possible exceptions to the rule on immunity.
      - Second Report of the Special Rapporteur, Mr. Roman Anatolevich Kolodkin (63rd session of the ILC (2011))
- U.N. Doc. A/CN.4/631 (F, S, R, C, A)
- ILC Report, A/66/10, 2011, Chp. VII, paras. 106-140
    3. Consideration of the procedural aspects of the topic, as well as the relationship between a State’s argument that its official has immunity and the responsibility of that State for a wrongful act committed by that official which gives rise to the issue of immunity.
      - Third Report of the Special Rapporteur, Mr. Roman Anatolevich Kolodkin (63rd session of the ILC (2011))
- U.N. Doc. A/CN.4/646 (F, S, R, C, A)
- ILC Report, A/66/10, 2011, Chp. VII, paras. 141-203
    4. Consideration of the topic during the quinquennium 2007-2011. Issues to be considered during the quinquennium: immunity ratione personae and immunity ratione materiae; the international responsibility of the State and the international responsibility of individuals: implications for immunity; immunity ratione personae; immunity ratione materiae; and procedural aspects of immunity.
      - Preliminary Report of the Special Rapporteur, Ms. Concepción Escobar Hernández (64th session of the ILC (2012))
- U.N. Doc. A/CN.4/654 (F, S, R, C, A)

    5. Consideration of the scope of the topic, the concepts of immunity and jurisdiction, the distinction between immunity ratione personae and immunity ratione materiae, and discussion of th normative elements of immunity ratione personae. Proposals for draft articles 1 to 6.
      - Second Report of the Special Rapporteur, Ms. Concepción Escobar Hernández (65th session of the ILC (2013))
- U.N. Doc. A/CN.4/661 (F, S, R, C, A)

E. Reports of the Drafting Committee
    None
F. Comments by Governments
    None 
G. Other
    None
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007   
      - Decided to include the topic in its current programme of work and appointed Roman A. Kolodkin as Special Rapporteur .  
      - Discussion in Plenary: 2940th (F) mtg (20 July 2007) 
- ILC Report, A/62/10, 2007, Chp. X.A.4, para.376
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    2. Report of the International Law Commission on the work of its sixtieth session, 5 May to 6 June and 7 July to 8 August 2008   
      - The Commission had before it the preliminary report of the Special Rapporteur (A/CN.4/601), as well as a memorandum of the Secretariat on the topic (A/CN.4/596).
      - Discussion in Plenary: 2982nd (F), 2983rd (F), 2984th (F), 2985th (F), 2986th (F), and 2987th (F) mtgs, from 22 to 25 and 29 to 30 July 2008
- ILC Report, A/63/10, 2008, Chp. X, paras.265-311
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    3. Report of the International Law Commission on the work of its sixty-first session, 4 May to 5 June and 6 July to 7 August 2009   

      - The Commission did not consider the topic at the sixty-first session.

- ILC Report, A/64/10, 2009, Chp. V, paras. 205-207
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    4. Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010   

      - The Commission was not in a position to consider the second report of the Special Rapporteur, which was submitted to the Secretariat.

- ILC Report, A/65/10, 2010, Chp. IX, paras. 341-343
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638 (E, F, S, R, C, A))
    5. Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011   

      - the Commission had before it the second report of the Special Rapporteur (A/CN.4/631). The Commission considered the report at its 3086th, 3087th and 3088th meetings, on 10, 12 and 13 May, and at its 3111th and 3115th meetings, on 25 and 29 July 2011.
      - The Commission also had before it the third report of the Special Rapporteur (A/CN.4/646). The Commission considered the report at its 3111th, 3113th, 3114th and 3115th meetings, on 25, 27, 28 and 29 July 2011.
      - Discussion in Plenary: 3086th (F), 3087th (F) and 3088th (F) mtgs (10, 12 and 13 May), 3111th (F), 3113th (F), 3114th (F) and 3115th (F) mtgs (25, 27, 28 and 29 July 2011).

- ILC Report, A/66/10, 2011, Chp. VII, paras. 102-203
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    6. Report of the International Law Commission on the work of its sixty-fourth session, 7 May to 1 June and 2 July to 3 August 2012   

      - The Commission, at its 3132nd meeting, on 22 May 2012, appointed Ms. Concepción Escobar Hernández as Special Rapporteur to replace Mr. Roman Kolodkin, who was no longer a member of the Commission.
      -
      The Commission had before it the preliminary report of the Special Rapporteur
      (A/CN.4/654).
      - Discussion in Plenary: 3143rd (F), 3144th (F), 3145th (F), 3146th (F) and 3147th (F) mtgs (10, 12, 13, 17 and 20 July 2012)

- ILC Report, A/67/10, 2012, chp.VI, paras. 82-139
- See the website of the Sixth Committee of the General Assembly
I. General Assembly Action
    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Took note of the decision of the International Law Commission to include the topic in its programme of work.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    Res. 66/98 of 9 December 2011 (E, F, S, R, C, A)
      - Invited the International Law Commission to continue to give priority to, and work towards the conclusion of the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
   
J. Final Outcome

Work in progress

 

 



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