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SOME REMARKS ON THE SCOPE OF IMMUNITY OF FOREIGN STATE OFFICIALS IN THE LIGHT OF RECENT JUDGMENTS OF ITALIAN COURTS

SOME REMARKS ON THE SCOPE OF IMMUNITY OF FOREIGN STATE OFFICIALS IN THE LIGHT OF RECENT JUDGMENTS... SOME REMARKS ON THE SCOPE OF IMMUNITY OF FOREIGN STATE OFFICIALS IN THE LIGHT OF RECENT JUDGMENTS OF ITALIAN COURTS p aolo p al Chetti 1. i nt Rodu Ction Among the judgments handed down in the last ten years by Italian courts on the question of immunity of State officials from foreign criminal jurisdiction, the judg - ments in the Djukanovic and Lozano cases are those which have attracted most at- tention. The first case originated out of an arrest warrant issued by the prosecutor’s office at the Tribunal of Naples against the President of the Republic of Montenegro – at the time a member State of the Federation of Serbia and Montenegro. The core issue that the Corte di Cassazione had been called upon to decide was whether the president of a member State of a federation enjoyed personal immunity. In the Lozano case, a US soldier had been charged by an Italian prosecutor with volun- tary homicide for the killing of an Italian intelligence officer which took place at a checkpoint outside Baghdad airport. In this case the question at issue was mainly whether, under customary international law, Mr. Lozano enjoyed immunity from foreign criminal jurisdiction http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

SOME REMARKS ON THE SCOPE OF IMMUNITY OF FOREIGN STATE OFFICIALS IN THE LIGHT OF RECENT JUDGMENTS OF ITALIAN COURTS

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/22116133-90000120
Publisher site
See Article on Publisher Site

Abstract

SOME REMARKS ON THE SCOPE OF IMMUNITY OF FOREIGN STATE OFFICIALS IN THE LIGHT OF RECENT JUDGMENTS OF ITALIAN COURTS p aolo p al Chetti 1. i nt Rodu Ction Among the judgments handed down in the last ten years by Italian courts on the question of immunity of State officials from foreign criminal jurisdiction, the judg - ments in the Djukanovic and Lozano cases are those which have attracted most at- tention. The first case originated out of an arrest warrant issued by the prosecutor’s office at the Tribunal of Naples against the President of the Republic of Montenegro – at the time a member State of the Federation of Serbia and Montenegro. The core issue that the Corte di Cassazione had been called upon to decide was whether the president of a member State of a federation enjoyed personal immunity. In the Lozano case, a US soldier had been charged by an Italian prosecutor with volun- tary homicide for the killing of an Italian intelligence officer which took place at a checkpoint outside Baghdad airport. In this case the question at issue was mainly whether, under customary international law, Mr. Lozano enjoyed immunity from foreign criminal jurisdiction

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2009

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