For all or for some? Functional immunity of State officials before the International Law Commission

Functional immunity of State officials before the International Law Commission: The ‘who’ and the ‘what’

1. Introduction Riccardo Pisillo Mazzeschi offers an interesting proposal to merge ratione personae and ratione materiae immunity for current and former state officials from the jurisdiction of foreign states. He argues that the traditional distinction between these forms of immunity ‘demands a critical review’ because, in contemporary international practice, both types of immunity are rooted...

Comment on ‘The functional immunity of State officials from foreign jurisdiction: A critique of the traditional theories’

1. Introduction Riccardo Pisillo Mazzeschi has written an impressively researched and thought-provoking article that challenges the traditional theories on functional immunity of State officials. He not only challenges the conceptual premise that the immunity of State officials is a necessary corollary of the immunity of the State, but also questions the scope of functional immunity...

The enduring validity of immunity ratione materiae: A reply to Professor Pisillo Mazzeschi

1. Introductory remarks Professor Riccardo Pisillo Mazzeschi has devoted a stimulating article to a specific aspect of the international law on immunities: the scope ratione personae of immunity ratione materiae. On the basis of a rich analysis, he concludes that not all State officials, but only certain categories thereof, benefit from immunity ratione materiae. I...

The functional immunity of State officials from foreign jurisdiction: A critique of the traditional theories

1. Introduction: The controversial issue of the functional immunity of State officials from foreign jurisdiction and the work of the ILC The norms of customary international law concerning the functional (or ratione materiae)  immunity of State officials from foreign (criminal, civil and administrative) jurisdiction are somewhat dated but nonetheless remain controversial and contemporary international law...