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Jurisdiction and Immunity

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Chapter Summary

This chapter deals with general principles on jurisdiction and immunity of states and international governmental organisations. It provides a background to these important areas of international law. The protection of personnel in peace operations is closely related to issues of jurisdiction and immunity and it is therefore necessary to give a brief account of some of the essential principles and rules in this respect. The ad hoc international criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) have indicted persons suspected of crimes against peace operation personnel. In the progress of a comprehensive international criminal system, in which the establishment of the International Criminal Court (ICC) represents a major step forward, national courts still play a significant role. The Safety Convention includes the prosecute-or-extradite mechanism as traditional “anti-terrorist” conventions, and an initial draft was modelled on the International Convention against the Taking of Hostages and the IPP Convention.

Keywords: ICTR; ICTY; International Criminal Court (ICC); international law; IPP Convention; jurisdiction; peace operations; Safety Convention



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