Definition of State Official in the Context of Immunity from Foreign Criminal Jurisdiction

As ILC noted, the concept of State official is particularly relevant to the topic Immunity of State officials from foreign criminal jurisdiction, because it determines the subjective scope of the topic. The concept should meet the following two criteria or characteristics: first, representativeness, i.e., the ability of the State official to act on behalf of the State, regardless of whether the representational relationship is de facto or de jure, temporary or long-term and stable; and secondly, limitations, i.e., the ability to define the relevant person as a State official is limited by the nature of their acts, etc. It is not practical or scientific to make an abstract list of types of State officials. Besides, it is limited, i.e., whether or not the person concerned can be defined as a State official is limited by the nature of his or her behaviour, etc. To sum up, State officialshould be in connection with the State and behave on behalf of the state, these are central elements in defining the concept. Accordingly, in addition to government personnel, political party personnel and foreign military personnel have a theoretical and practical basis for being defined as State officials.