Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.8p
Introduction. Legal mechanisms that ensure the equality of state participants play a crucial role in maintaining the stability of international relations. Despite the widespread use of the term “immunity” in international law, it still lacks a universally accepted normative or doctrinal definition. This issue is particularly acute when it comes to high-ranking state officials. The purpose of the paper is to clarify the legal nature of immunity for high-ranking officials, the limits of its application, and the possibilities for its restriction. To achieve this, the following tasks must be addressed: to examine the typology of immunities, to compare the concepts of immunity ratione personae and immunity ratione materiae, to analyze the international community’s practice regarding this issue, and to outline current trends in the development of this institution. Results. A key distinction exists between immunity ratione personae, which provides absolute and temporary protection to incumbent high-ranking officials, and immunity ratione materiae, which applies to official acts and may persist after leaving office. Conclusion. The contemporary development of international law demonstrates a gradual shift away from the traditional concept of absolute immunity of high-ranking state officials toward its limitation, particularly in the context of accountability for serious international crimes. While immunity ratione personae largely retains its absolute and temporary character for incumbent officials, ratione materiae is increasingly subject to exceptions, especially where acts constitute crimes of concern to the international community as a whole.
Keywords : immunity of high-ranking state officials, immunity ratione personae, immunity ratione materiae, criminal jurisdiction, United Nations International Law Commission
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