Immunity as a Circumstance Excluding the Operation of the Obligation to Extradite or Prosecute
Immunity as a Circumstance Excluding the Operation of the Obligation to Extradite or Prosecute

Part II: Immunities and the Existence of a Conflict of Norms

Summary/Abstract: This article is the second in a trilogy that examines the interaction between the immunities of state officials and the obligation to extradite or prosecute. It focuses on personal and functional immunities, summarily comparing them and then analysing the instance where their observance would come into conflict with the obligation to extradite or prosecute. The doctrinal and comparative legal research employed highlights the contents of each obligation, emphasising the manner in which the conflict of norms occurs. Finally, it concludes that there really is a conflict between the two international obligations, and that in the absence of a hierarchical difference between the two, other rules for solving the conflict are required.

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