2017 Fiscal Year Final Research Report
Analysis on the Modern International Law Concerning Immunity of State Officials from Foreign Criminal Jurisdiction
| Project/Area Number |
15K03137
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kanazawa University |
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Principal Investigator |
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| Project Period (FY) |
2015-10-21 – 2018-03-31
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| Keywords | 免除 / 刑事管轄権 / 国際犯罪 / 国家元首 / 国際刑事法 / 国際法委員会 |
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| Outline of Final Research Achievements |
Head of States and State officials enjoy immunities from the criminal jurisdiction exercised by foreign States. Although this rule of immunity is considered as a customary law, its actual conditions and scope are not clear. This study clarified the theoretical questions concerning immunity through the analysis of the draft convention concerning the immunity of State officials from foreign criminal jurisdiction elaborated by the United Nations International Law Commission. Also this study analysed various international conflicts on immunity. I analysed how the African States holds that both immunity ratione personae and immunity ratione materiae are absolute in character under customary international law. The African Union’s court to be established in future confers absolute immunity to the Heads of State and Governments and other senior officials of the AU member States, being inconsistent with the understanding adopted by the UN International Law Commission.
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| Free Research Field |
国際法
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