From Strauss-Kahn to Gaddafi and Libya: Challenges to Diplomatic Immunity in 2011

Jordi Sellarés-Serra, ESADE Law School

Abstract

Immunity in international law, granted either to individuals, to States or to international organizations is sometimes considered an abuse, or it is difficult to understand to lawyers that only look at their own legal system. Two recent cases (that of the managing director of the International Monetary Fund and that of Libya and Gaddafi under the revolt from the East of the country) show that paradox, being (or not) outside the local law by mandate on international law. This article expects to provoke legal debate on the matter.