Immunity Of State Officials From Foreign Criminal Jurisdiction
- IJLLR Journal
- Oct 23, 2025
- 1 min read
S. Janagan, B.A.LL.B., Lawyer
ABSTRACT
The immunity of state officials from foreign criminal jurisdiction has long been a cornerstone of international law, protecting heads of our state and senior officials from external interference while preserving diplomatic relations. Yet, the modern insistence on accountability for jus cogens crimes genocide, torture, war crimes, and crimes against humanity has unsettled this traditional doctrine. This article traces the evolution of official immunity through landmark cases such as Pinochet, Al-Bashir, and Taylor, examines the tension between Articles 27 and 98 of the Rome Statute, and highlights the role of hybrid tribunals and the International Law Commission’s Draft Articles in redefining limits of immunity. The study also situates these legal principles within contemporary diplomatic crises, including the India– Pakistan and Canada–India embassy disputes, demonstrating how political manoeuvring intersects with formal legal norms. Ultimately, the article argues that while sovereign immunity remains vital for interstate relations, the expanding imperative for individual accountability signals a recalibration of international law, bridging the gap between legal theory, global justice, and the realpolitik of diplomacy.
