Amnesty International recommends that the International Law Commission (the Commission or the ILC), in the context of adopting the Draft articles on immunity of state officials from foreign criminal jurisdiction on second reading:

  1. Adopts amended draft article 7 as proposed by the special rapporteur in his Second Report, yet with the addition of a new provision permitting the application of the exception to immunity ratione materiae to any new crimes under international law which could emerge in the future;
  2. Delete draft article 10 or replace it with a new article drafted in conformity with established treaty law on the matter, according to which an obligation to notify the state of the official arises only after – not before – the forum state has taken coercive measures against a suspect