The Defining Criteria of International Criminal Courts for the Purposes of Lifting State Official Immunity

As noted in Chapter 2, the principle of individual criminal responsibility for core international crimes is a firmly established principle of international law. However, the enforcement of this principle can, in some circumstances, be thwarted by the operation of state official immunity. Although, state official immunity attaches to a State and not to an individual, certain individuals can benefit from such immunity, due to their position as state officials. The lifting of immunity from prosecution for core international crimes is central to whether or not individual criminal responsibility can be imposed for such crimes.