A Constructivist Approach to International Crimes and Application of Universal Jurisdiction and Immunity of Officials in Respect of International Crimes

Abstract

This thesis analyses the application of rules of immunity and universal jurisdiction in respect of international crimes by adopting a constructivist approach to the interests of the international community and formation of customary international law. Accordingly, the study proposes an alternative understanding of customary international law in order to analyse the rules of immunity, universal jurisdiction and international crimes and their interrelated operations. The operation of the rules of immunity and universal jurisdiction regarding international crimes is conducted on the basis of a constructivist understanding of the interests of the international community to determine whether legitimate rules can be institutionalised in customary international law as well as rules based on the self-interests of States. This thesis also considers whether rules, based on their legitimacy, can comprise different legal implications in international law. In this context, the study considers how international crimes, which give rise to the dual responsibility for States and their nationals, are created by adopting a constructivist approach to customary law formation. This study further considers whether international crimes in international law are based on legitimacy rather than the self-interests of States, and whether they can give rise to different legal implications, specifically with regard to rules of universal jurisdiction and the immunity of officials. The development and application of the rules of jurisdiction and immunity are considered separately in international law on the basis of their development in customary international law. This study seeks to determine the appropriate general approach to the rules of jurisdiction by analysing both the permissive and prohibitive approaches to the rules of jurisdiction.