Raluca-Ioana ABABEI
This paper examines whether functional immunity applies to crimes pursuant to international law, addressing whether State officials can evade responsibility for international crimes by resorting to immunity ratione materiae. The topic is significant as it explores the balance between State sovereignty and individual accountability for international crimes. The research builds on foundational concepts of State sovereignty, the Nuremberg Principles, and decisions in landmark cases such as Pinochet. It relates to contemporary discussions by the International Law Commission and various domestic and international court rulings that challenge the traditional scope of functional immunity. The findings demonstrate that functional immunity does not apply to crimes pursuant to international law. Courts consistently rule that such crimes, due to their gravity and the involvement of State authority, override immunity claims. Universal jurisdiction and the peremptory nature of jus cogens norms further undermine functional immunity in these cases.
