Ricerc@Sapienza

On 21 December 2016 the General Assembly took an unprecedented
initiative, by deciding, despite Syria’s opposition, to establish an International, Impartial
and Independent Mechanism (IIIM) to assist in the investigation and prosecution
of persons responsible for the most serious crimes under international law committed
during the civil war in Syria (resolution 71/248). This in order to facilitate and expedite
criminal proceedings in national, regional or international courts or tribunals that have

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.