Key Skills

Freelancer Overview

THE INTERNATIONAL LAW COMMISSION 25th Session of Kenya Model United Nations IMMUNITY OF STATE OFFICIALS FROM FOREIGN CRIMINAL JURISDICTION COMMISSIONER’S NAME: DANIEL PATRICK KENYA MODEL UNITED NATIONS, JKUAT KAREN CHAPTER EMAIL ADDRESS: kiusya.patrick@students.jkuat.ac.ke DATE OF SUBMISSION: FEBRUARY 22, 2026 PREAMBULATORY CLAUSE Indroduction The sanctity of the State has long been shielded by the legal fiction that "the King can do no wrong," a concept that has evolved into the modern doctrine of sovereign immunity. However, as the 21st century witnesses a tectonic shift toward individual criminal responsibility, the "shield" of immunity is increasingly being viewed as a potential "shroud" for impunity. Background and Context The immunity of State officials from foreign criminal jurisdiction is a cornerstone of Public International Law, rooted in the principle of par in parem non habet imperium—equals have no jurisdiction over equals. Traditionally, this doctrine ensured that officials could represent their States without fear of politically motivated prosecutions in foreign domestic courts. Yet, the rise of universal jurisdiction and the codification of international crimes have challenged this absolute protection, particularly when officials are accused of acts that shock the conscience of humanity. Legal Principles and Authorities This research is grounded in the distinction between immunity ratione personae (personal immunity) and immunity ratione materiae (functional

Labeling Experience

Education

Work History