Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime

Top-level public officials use immunity from foreign jurisdiction afforded to them by international law to thwart investigations and trial proceedings in foreign courts. Yuliya Zabyelina's book "Between Immunity and Impunity" explores how political elites complicit in transnational crimes can evade justice despite international law immunity. It provides insights into the close-knit bond between power, illicit wealth, and impunity.

Format: Hardback
Length: 289 pages
Publication date: 21 December 2023
Publisher: Cambridge University Press

How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law?

In Between Immunity and Impunity, Yuliya Zabyelina delves into the intricate layers of impunity surrounding political elites implicated in transnational crimes. By examining cases involving trafficking in persons, drugs, corruption, and money laundering that involve heads of state, government ministers, diplomats, and international civil servants, she highlights the potential of international law immunity to impede or delay justice. However, Zabyelina reveals that there exist prominent instruments of external accountability to counter this trend. Accessible and compelling, this book offers novel insights for readers interested in the close-knit bond between power, illicit wealth, and impunity.

How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts?

The immunity entitlement granted to top-level public officials allows them to evade investigations and trial proceedings in foreign courts. This immunity is often based on the concept of sovereign immunity, which asserts that a state cannot be held accountable for the actions of its officials in foreign jurisdictions. By leveraging this immunity, officials can avoid being held accountable for their crimes, allowing them to perpetrate acts with impunity.

What responses exist to prevent and punish such conduct?

To prevent and punish the conduct of top-level public officials who take advantage of immunity from foreign jurisdiction, several responses exist. One approach is to strengthen the enforcement of international law and ensure that it is consistently applied. This can involve the establishment of independent international courts or tribunals with the authority to investigate and prosecute transnational crimes, regardless of the immunity of the accused.
Another response is to promote greater transparency and accountability in the activities of public officials, including through the adoption of whistleblower protection laws and the establishment of independent oversight mechanisms. This can help to deter officials from engaging in corrupt or illegal activities and to ensure that they are held accountable for their actions.
Additionally, international cooperation and information sharing are crucial in combating transnational crimes. This can involve the establishment of joint investigations teams, the sharing of intelligence and evidence, and the coordination of legal proceedings across borders. By working together, countries can enhance their ability to investigate and prosecute transnational crimes and hold officials accountable for their actions.
In conclusion, the immunity entitlement of top-level public officials allows them to thwart investigations and trial proceedings in foreign courts. However, there exist several responses to prevent and punish such conduct, including strengthening the enforcement of international law, promoting greater transparency and accountability, and fostering international cooperation and information sharing. By taking these steps, countries can work towards achieving a more just and equitable society that is free from the impunity of political elites.

ISBN-13: 9781316514580