The Prosecution of Senior State Officials in National Tribunals for International Crimes (Some Comments on the Congo v. Belgium Case)

The recent decision of the international Court of justice has certainly cleared an obscure domain of international law, i.e. personal immunity of ministers of foreign affaires. Nevertheless, some conclusions of the Court are open to criticism. The Court, not only has refused to declare its position on the universal jurisdiction of the national tribunal, but also has not made a distinction between functional and personal immunities. It results that, according to the Court, the ministers of foreign affaires could be prosecuted, after the period of their functions, for the international crimes committed during their functions if these crimes are considered as the private acts.