2017 Fiscal Year Final Research Report
A Cross-sectional Review of Immunities under International Law: The Relationship between State Immunity, Head of State Immunity and Immunity of State Officials
| Project/Area Number |
25780031
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | University of Shizuoka |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2018-03-31
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| Keywords | 主権免除 / 国家免除 / 人的免除 / 事項的免除 / 国家元首 / 政府職員 / 国際犯罪 / 刑事裁判手続 |
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| Outline of Final Research Achievements |
The rules on State immunity ensure that States are able to properly perform their sovereign functions and maintain a stable inter-State relationship. The decision whether to grant immunity to a State has been based not on the classic application of jure imperii or jure gestionis criteria but on the consideration of different factors which vary according to the type of the case in question, in order to achieve the rationale of State immunity.
The rationale of immunity of State officials is the same as State immunity. In order to achieve this rationale, international law has recognized that Heads of State, Heads of Government and Ministers for Foreign Affairs (the “troika”) enjoy immunity ratione personae, while other State officials basically enjoy at least immunity ratione materiae. However, views remain especially divided on immunity ratione materiae from the exercise of foreign criminal jurisdiction in respect of crimes under international law.
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| Free Research Field |
国際法学
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