Last update: March 5, 2026 Summaries of the Work of the International Law Commission Immunity of State officials from foreign criminal jurisdiction See also: Analytical Guide | Texts and Instruments At its fifty-eighth session, in 2006, the Commission, on the basis of a recommendation of the Working Group on the long-term programme of work, identified the topic “Immunity of State officials from foreign criminal jurisdiction” for inclusion in its long-term programme of work.1 A syllabus describing the possible overall structure of, and approach to, the topic was annexed to that year’s report of the Commission.2 The General Assembly, in resolution 61/34 of 12 December 2006, took note of the Commission’s decision to include the topic in its long-term programme of work. At its fifty-ninth session, in 2007, the Commission decided to include the topic in its programme of work and appointed Roman A. Kolodkin as Special Rapporteur for the topic.3 The General Assembly, in resolution 62/66 of 6 December 2007, took note of the Commission’s decision to include the topic in its programme of work. At the sixtieth session, in 2008, the Commission had before it a preliminary report by the Special Rapporteur4 as well as a memorandum by the Secretariat on the topic.5 The preliminary report briefly outlined the breadth of prior consideration, by the Commission and by the Institute of International Law, of the question of immunity of State officials from foreign jurisdiction as well as the range and scope of issues proposed for consideration by the Commission. On the basis of this report, the Commission held a debate which addressed key legal questions such as the sources of immunity, the notions of jurisdiction and of immunity, the rationales for immunity, the types of immunity, the persons covered by immunity and the question of possible exceptions to immunity.6 The Commission did not consider the topic at the sixty-first and sixty-second sessions, in 2009 and 2010. In resolution 65/26 of 6 December 2010, the General Assembly invited the Commission to give priority, inter alia, to its consideration of this topic. At its sixty-third session, in 2011, the Commission considered the second7 and third reports8 of the Special Rapporteur. The second report reviewed and presented the substantive issues concerning and implicated by the scope of immunity of State officials from foreign criminal jurisdiction, while the third report addressed the procedural aspects, focusing, in particular, on questions relating to the timing of consideration of immunity, as well as its invocation and waiver. The debate revolved around, inter alia, issues relating to methodology, possible exceptions to immunity and questions of procedure.9 In resolution 66/98 of 9 December 2011, the General Assembly invited the Commission to continue to give priority to, and work towards the conclusion of, inter alia, this topic. At the sixty-fourth session in 2012, the Commission appointed Concepción Escobar