[T]he Court clarified the nature and scope of the immunities enjoyed by Ministers for Foreign Affairs.

It recalled that immunities accorded to such persons are granted not for their personal benefit, but to ensure the effective performance of their functions on behalf of their respective States. Throughout the duration of his or her office, a Minister for Foreign Affairs when abroad enjoys full immunity from criminal jurisdiction and inviolability.

The Court then turned to the question whether this is so when a Minister for Foreign Affairs is suspected of having committed war crimes or crimes against humanity. It concluded that there existed no exception under international law to the rule establishing immunity from criminal process before foreign national courts and inviolability.

The Court further made it clear that a careful distinction must be drawn between the jurisdiction of courts and the immunity of those appearing before them. Jurisdiction does not imply absence of immunity, while absence of immunity does not imply jurisdiction.

It also pointed out that immunity from jurisdiction and individual criminal responsibility are two separate concepts.

By way of example, the Court emphasized that Ministers for Foreign Affairs do not enjoy any immunity from criminal jurisdiction under international law in their own countries. Further, immunity from foreign jurisdiction could be waived by the State represented. The Court made it clear that, provided that it has jurisdiction under international law, a court of one State may try a former Minister for Foreign Affairs of another State in respect of acts committed prior or subsequent to his or her period of office, as well as in respect of acts committed during that period of office in a private capacity. Finally, the Court recalled the powers which may be conferred in this area on international criminal courts. It observed that, for these various reasons, immunity does not mean impunity.

http://www.icj-cij.org/icjwww/ipresscom/SPEECHES/iSp...

‏¹ http://www.icj-cij.org/icjwww/idocket/iCOBE/icobejud...