Addressing the Sixth (legal) Committee of the 66th Session of the UNGA in New York, SLMC leader and Justice Minister Rauf Hakeem said that immunity of state officials could not be jeopardized. "In addressing the issue of immunity of State officials we must bear in mind the fact that the risk of politically motivated criminal prosecutions could very well lead to serious frictions in inter-state relations. There is therefore a clear need to strike a careful balance between the contending policy considerations involved – (i) of preserving the well-established principle of immunity of State officials and (ii) of addressing the issue of exceptions to this rule. The challenge before the Commission is to pre

serve such balance, without tilting too much one way or the other," he said.
"On the scope of persons covered by immunity, Sri Lanka is of the view that Heads of State, Heads of Government and Ministers of Foreign Affairs, the well-known "Troika" enjoy by virtue of their office, full immunity ratione personae. This position is well entrenched in customary International Law and clearly recognized by the International Court of Justice."

Minister Hakeem is also the current chair of the AALCO, (Asian African Legal Consultative Organization). Sri Lanka is now fighting for a slot in the International Law Commission.

Minister Hakeem was commenting on second and third reports by Special Rapporteur on "Immunity of State officials from Foreign Criminal Jurisdiction."

"The topic is a difficult and challenging one, involving obvious political sensitivities. Nevertheless, it is a topic of extreme contemporary relevance. Given the complexities involved, there is a clear need to agree on matters of principle and on the general orientation of the topic, before proceeding to formulate draft Articles." The principle of sovereign immunity is well established in customary international law and continues to play a vital role in assuring the stability of international relations and in the effective discharge of the functions of the State.

"In addition, the Vienna Convention on Diplomatic Relations and related Conventions in this field guarantees the immunity of DPL agents and other representatives of States such as those on special Missions so that they could discharge their functions on behalf of the State they represent, unhindered by the jurisdiction of the host State."
We also need to take into account in this regard, the current realities in the conduct of international relations and the fact that the nature of representation in international relations has changed. Consequently, there is a need to examine other possible categories of state officials beyond the ‘Troika’ who by virtue of their functions may be entitled to immunity ratione personae.

We would therefore agree with the Special Rapporteur that there might be a need to establish criteria to determine such categories. The close involvement of an official in the conduct of international relations could be one such criterion.

The issues pertaining to possible exceptions to immunity require deeper analysis bearing in mind, inter-alia, earlier work of the Commission, such as the Code of Offences against Peace and Security and established state practice, having regard to the distinction between Lex Lata and possible developments, de lege ferenda.

Sri Lanka supported a proposal to constitute a Working Group at the next session of the Commission, to further consider and analyze these difficult issues, before proceeding to the stage of preparing draft articles.

Commenting on ‘Effects of Armed Conflicts on Treaties’ by Prof. Lucius, Minister Hakeem said:"Sri Lanka continues to entertain reservations on the definition of the term "Armed Conflict" in Article 2(b) which seeks to cover internal armed conflicts between government authorities and organized armed groups, in addition to Inter State conflicts. The crucial issue which arises is the question in what circumstances would an internal conflict impact on a Treaty between States. We note the fact that draft Article 2(b) now contains the phrase "protracted resort to armed force" and certain clarifications have been provided in the Commentary regarding possible external involvement in an internal conflict. Despite these positive developments, our concerns remain regarding the possible impact this definition could have on the stability of Treaty relations between States."

Courtesy: http://www.island.lk