Summary record of the 25th meeting – A/C.6/73/SR.25: Agenda item 82.

The determination of the elements, criteria and consequences of I jus cogens i must be based on the relevant provisions of the Vienna Convention on the Law of Treaties and supported by adequate State practice. On the question of when a forum State should begin to consider the immunity of foreign officials, the Special Rapporteur appeared to believe that if the forum State simply initiated an investigation without taking binding measures against a foreign official, imposing obligations on that person or impeding the proper performance of their functions, there would be no immunity implications and the issue of immunity would therefore not come into the equation at that stage. The question of which State authority had the competence to make a final decision was an internal matter that belonged outside the purview of international law. The model clauses proposed by the Special Rapporteur to be included as an annex to the draft guidelines contained few examples involving Asian States; more could be done to represent the full diversity of State practice in that regard. [Extracted from the article]