Wednesday, August 7, 2013

Jardim Oliveira: Immunity Ratione Materiae in Extradition Proceedings?

Thiago B. Jardim Oliveira (University of Geneva - Law) has posted Immunity Ratione Materiae in Extradition Proceedings? Here's the abstract:
Any debate on the exceptions to the immunity enjoyed by former State officials immediately brings to mind the extradition proceedings before English courts against former Chile’s President Pinochet. Ever since, the assumption has been that former State officials, as a rule, enjoy immunity from extradition proceedings once they have acted on behalf of a State. Supported by recent developments, however, this article questions this assumption. The idea that the immunity enjoyed by former State officials applies to every measure of criminal procedure, and that extradition is one such measure, misconceives the nature and purpose of both immunity ratione materiae and extradition proceedings.