Criminal Immunities of Government Officials from the Perspective of International Law
Subject Areas : International lawAhmadreza Pordervish Mohammadi 1
1 - Department of Jurisprudence and Islamic Law, Faculty of Islamic Theology, Shiraz University, Shiraz, Iran
Keywords: Immunity, Government Officials, International Courts, International Crimes, International Criminal Court,
Abstract :
This study examines the concept and limitations of immunity for government officials in international criminal trials. In the past, the immunity of high-ranking government officials from prosecution in international courts was considered a widely accepted principle. However, legal and judicial developments in the second half of the 20th century, particularly after the establishment of the International Criminal Court, have challenged this concept. According to the Rome Statute of the International Criminal Court and recent judicial practices, government officials who commit international crimes such as genocide, war crimes, and crimes against humanity are no longer entitled to personal or official immunity. This paper investigates whether government officials continue to benefit from official immunity after being removed from office and how both national and international courts can address this issue. Additionally, it analyzes significant international cases, including the trials of Augusto Pinochet and Charles Taylor, and examines their legal implications on changes in the jurisdiction of national and international courts.
