وبلاگ

۱۱٫ Tunks, Michael, “Diplomats or Defendants? Defining the Future of Head-of-State Immunity”
Duke Law Journal, Vol. 52 (3), (2002)
Available at: http://www.law.duke.edu/shell/cite.pl?52+Duke+L.+J.+651+pdf
12. Tomuschat, Christian, “The Legacy of Nuremberg”
Journal of International Criminal Justice, Vol. 4 (4), (2006)
Available at: http://www.ssrn.com/abstract=1098762
13. T. King, Jr, Henry, “Without Nuremberg—What?”
Washington University Global Studies Law Review, Vol. 6 (3), (2007)
Available at: http://www.law.wustl.edu/WUGSLR/Issues/Volume6_3/king.pdf
14. Wanhong, Zhang, “From Nuremberg to Tokyo: Some Reflections on the Tokyo Trial (On the Sixtieth Anniversary of the Nuremberg Trials)”
Cardozo Law Review, Vol. 27 (4), (2006)
Available at: http://www.cardozolawreview.com/content/27-4/ZHANG.WEBSITE.pdfConvention & Statute
1. Charter of the United Nations (1945)
2. Convention on Special Missions (1969)
3. Convention on the Prevention and Punishment of the Crime of Genocide (1948)
4. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents (1973)
5. Draft articles on Responsibility of States for Internationally Wrongful Acts (2001)
6. Draft Code of Offences Against the Peace and Security of Mankind (1954)
7. Resolution on the Immunity from Jurisdiction of the State and of Persons Who Act on Behalf of the State in case of International Crimes (2009)
8. Rome Statute of the International Criminal Court (1998)
9. Vienna Convention on the Law Of Treaties (1969)
10. Vienna Convention on Diplomatic Relations (1961)
11. Vienna Convention on Consular Relations (1963)
12. Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character (1975)
Judgment & Advisory opinion
1. International Court of Justice, Arrest Warrant of 11 April 2000, “Democratic Republic of the Congo v. Belgium”, Judgment of 14 Febiruary 2002
2. International Court of Justice, Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, Advisory Opinion of 28 May 1951
3. International Court of Justice, United States Diplomatic and Consular Staff in Tehran “United States of America v. Iran”, Judgment of 24 May 1980
4. International Criminal Tribunal For The Former Yugoslavi, Radovan Karadzic Case, Decision on Accused’s Second Motion for Inspection and Disclosure: Immunity Issue, 17 December 2008
5. U.S. Supreme Court, Exchange v. Mcfodden Schooner, 11 U. S. 116 (1812)
Summary
Criminal immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, This is an immunity granted to people who perform certain functions of state. The second is personal immunity, This is an immunity granted to certain officials because of the office they hold, rather than in relation to the act they have committed.
Functional immunity arises from customary international law and treaty law and confers immunities on those performing acts of state (usually a foreign official). Any person who in performing an act of state commits a criminal offence is immune from prosecution. This type of immunity is based on respect for sovereign equality and state dignity. It is a basic principle of international law that a sovereign state does not adjudicate on the conduct of a foreign state. This immunity extends to both criminal and civil liability. However, the moment accused leaves office, they are liable to be prosecuted for crimes committed before or after their term in office, or for crimes committed whilst in office in a personal capacity.
Personal immunity arises from customary international law and confers immunity on people holding a particular office from the criminal jurisdiction. This immunity is extended to diplomatic agents and their families while posted abroad. personal immunities are extended to cover personal activities of an official, including immunity from arrest and detention and immunity from criminal jurisdiction. Personal immunities cease with the cessation of the post.
International law has been granted This type of immunity to Head of State, minister of foreign affairs, Diplomatic and Consular agents and special missions. In fact any activity of a head of state or government, or diplomatic agents or foreign minister must be immune from foreign jurisdiction.
When a person, who enjoys a personal immunity and has committed a criminal act covered also by functional immunity, leaves office, the personal immunity is removed as usual. However, the immunity attaching to acts of state continues.
But The situation is different in the case of international crimes. When one of the officials who benefit from criminal immunity are committed International crimes, before courts of other countries is immune but this immunity after leaving the office terminates.
To prosecute, punish and avoid Impunity for perpetrators of international crimes, courts with international jurisdiction established. After world war II, tribunal at nuremberg and tokyo was created by the allies to address war crimes, unknowing Immunity of state officials and the military from exercising its jurisdiction. Such a procedure was followed in the Court by the UN security council, international criminal tribunal for the former yugoslavia and rwanda. The courts statute also unknowing immunity to prevent exercise of jurisdiction and punishment the perpetrators of international crimes. Such procedures were followed by the International criminal court, and according to the statute of the court, the immunity of the officials under this court not accepted.

1. 1. . Criminal Immunity ↑
   2. . جعفری لنگرودی، محمد جعفر، ترمینولوژی حقوق، کتابخانه گنج دانش، چاپ هفدهم، ۱۳۸۶، صفحه ۶۵۷ ↑
   3. . Treaty of Versailles ↑
   4. . خانلری المشیری، علی، مصونیت کیفری بین المللی، انتشارات جنگل، چاپ اول، ۱۳۸۸، صفحه ۵۷ ↑

1. . Jean Bodin ↑
2. .Westphalia ↑
3. . نقیب زاده، احمد، تاریخ دیپلماسی و روابط بین الملل، نشر قومس، چاپ پنجم، ۱۳۸۷، صفحه ۱ ↑
4. . Rivier ↑
5. . فارسی، جلال الدین، حقوق بین الملل اسلامی، انتشارات جهان آرا، ۱۳۴۵، صفحه ۱۰۷ ↑
6. . International Law
   Commission, Draft Declaration on Rights and Duties of States, (1949) ↑