L'absence d'immunité des agents de l'Etat en cas de crime international: pourquoi en débattre encore?
During its work on the immunity of State officials from foreign criminal jurisdiction, the members of the International Law Commission were deeply split. A vote was necessary to adopt the provision codifying the exceptions to immunity ratione materiae in case of international crimes, which is unprecedented. Yet, the very active opposition of the minority is surprising because it challenges longstanding developments of international law, if not the very foundations of the system of international criminal justice.