Immunity from prosecution under international criminal law

Abstract

Immunity from prosecution under international criminal law is one of the oldest principles under international law. Two types of immunities developed, immunity rationae materiae, known as functional immunity, and immunity rationae personae, known as personal immunity. The former is immunity which is granted to individuals who are performing acts on behalf of the State whilst the latter is immunity granted to individuals in virtue of the position they hold in their State. Immunity from prosecution has evolved in order that the leaders of States are not prosecuted and thus humiliated by other States, and their sovereignty is not challenged. Prosecuting a foreign leader could also lead to serious political unrest and thus States sought to avoid such possibility. Also criminally prosecuting an individual who is representing his state whilst carrying out official duties on behalf of his State would show disrespect to the State he is representing. The aim of this thesis is to discuss these two types of immunities whilst also discussing various cases in which any one of these immunities was invoked as a defence.