Functional immunity of State officials from foreign criminal jurisdiction

International Law Breakfast Briefing with Professor Astrid Kjeldgaard-Pedersen, University of Copenhagen.

Immunity rules are among the oldest norms in international law and are still to a large extent governed by customary law. The underlying idea is that states are sovereign and equal, and that no state may therefore exercise its coercive powers over another state. Developments in international and national case law concerning international crimes have in recent years led to significant changes, both with regard to the immunity of high‑ranking officials and that of “ordinary” state representatives.

This upcoming InterMil report builds on the 2024 project on the personal immunity of state leaders before the ICC and focuses on the UN International Law Commission’s ongoing work on the Immunity of State officials from foreign criminal jurisdiction. The report will provide an updated mapping of the rules and practice concerning functional immunity of state representatives and will offer recommendations on how Danish decision‑makers may position themselves in relation to current points of uncertainty.

Bio

Astrid Kjeldgaard-Pedersen is professor of International Law and Head of Center at CERES, Faculty of Law, University of Copenhagen. She will present her upcoming InterMil report on Functional immunity of State officials from foreign criminal jurisdiction.

About the series

The International Law Breakfast Briefings offer a regular opportunity for researchers, practitioners, and students with an interest in international law to meet, exchange views, and share research findings on current issues in the field.

Format: Each session features a presentation of approximately 20-25 minutes, followed by a discussion. Unless otherwise specified, both the presentation and discussion will be conducted in English. Coffee and croissants will be available for all registered participants attending in person.

Researchers – including PhD students – and practitioners working in the field of international law who are interested in presenting at one of our upcoming sessions in the fall series are warmly invited to contact cornelius.wiesener@jur.ku.dk or astrid.kjeldgaard-pedersen@jur.ku.dk.