Legal immunities and the principle of prohibition of reference to the official status or capacity of a person in the commission of a transnational crime
Journal Title: Часопис Київського університету права - Year 2018, Vol 1, Issue 3
Abstract
The article highlights one of the main principles of international criminal law and criminal justice - the prohibition of reference to the official status or capacity of a person in the commission of an international offence, in particular a transnational crime. This principle is considered in the context of the theoretical substantiation of the concept of legal immunity and to what extent, if at all, international immunities can impose obstacles in bringing the perpetrators of the international crime to criminal responsibility. The correlation between the principle of prohibition of reference to the official status or capacity of a person in the implementation of an international offence with the principle of individual criminal responsibility and the practical implementation of the principle of prohibition of reference to the official status or capacity of a person in international criminal law is considered. Particular attention is paid to the legal consolidation of this principle in the legal acts of international law: the statutes of the military tribunals, the documents of the International Law Commission, the draft Code of Crimes against Peace and Security, the Rome Statute, as well as in international conventions, in particular 2000 UN Convention against Transnational Organized Crime.
Authors and Affiliations
Vadym Popko
Keywords
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