Prosecutor General and Schurmans v. Delvoie

The case concerns the immunity of  Judge (Guy Delvoie) appointed to the  International Criminal Tribunal for the Former Yugoslavia (ICTY) from the exercise of criminal jurisdiction for alleged crimes arising out of conducts allegedly performed before his appointment to the international criminal tribunal.

The Supreme Court observed that, pursuant to Article 30 of the Statute of the ICTY judges enjoy the same privileges and immunities granted to diplomatic envoys, who – in accordance with Article 31 of the Vienna Convention on Diplomatic Relations – are entitled to immunity from the criminal jurisdiction of the “receiving State” .

The Court assessed the scope of immunity enjoyed by UN officials and experts, which applies to all officials regardless their nationality. Accordingly, a State cannot exercise its jurisdiction against a national citizen holding the role of official of an international organization. Such conclusion is in line with the rationale of immunity of international organizations’ functionaries: the protection of their independence in order to esure the proper functioning of international organizations.

 The Court stressed that the same principles applies to ICTY judges, holding that their immunity from jurisdiction is functional in nature and needed to guarantee the functioning of the ICTY itself. Consequently, the Court concluded that ICTY judges enjoy immunity from national criminal jurisdiction embracing conducts performed outside the scope of their duties and mandates, and that such an immunity entails that proceedings against them could not be brought forward until the cessation of the ICTY appointment.