Research On The Identification Of "State Officials" And "Official Acts"

As for the identification of "state officials" and "acts performed in official capacity",from the perspective of the whole issue of immunity of state officials from foreign criminal jurisdiction,they are conducive to defining the applicable subjects and applicable acts of the issue.From the perspective of their relationship,the definitions of the two are mutually inclusive and inseparable in understanding.However,there is no exact definition of the above concepts in international law,and there are differences in judicial practice,which not only affects the compilation of the whole topic,but also restricts the understanding of these two concepts.Therefore,it is of great significance in theory and practice to clarify the definitions of state officials and official acts.This article will elaborate from the following aspects.Firstly,it will explain the importance of state officials and official actions to the whole issue and to each other,which is also the starting point of this article.Secondly,taking the compilation process and judicial practice of the two definitions as the object,it studies the different identification standards of the two definitions in theory and judicial practice,and compares their similarities and differences.Finally,reexamine the definitions of state officials and official acts in the topic,find out the imperfections and put forward my own suggestions.In view of the influence of the concept of combating crime and safeguarding human rights,the identification of "state officials" and "acts performed in an official capacity" in the draft articles in the topic tends to narrow the scope of interpretation,thus reducing the application of immunity ratione materiae.Even if state officials successfully invoke immunity ratione materiae,the draft articles exclude international crimes such as torture from immunity ratione materiae.However,at present,there is no international customary law that provides exceptions to immunity.If we only pursue human rights protection unilaterally and ignore the stability of relations between countries,the development of the topic may eventually run counter to its compilation purpose.