5. State Jurisdiction and Immunities Flashcards
5A. States and their property
International Court of Justice (ICJ) judgement in the Jurisdictional Immunities Case
(Germany v Italy), Paragraph 61, first sentence.
5A. States and their property
International Court of Justice (ICJ) judgement in the Jurisdictional Immunities
Case (Germany v Italy), Paragraph 61, first sentence.
“States are generally entitled [under customary international law] to immunity [from the jurisdiction of the courts of other States] in respect of acta jure imperii.”
5A. States and their property
UN Convention on Jurisdictional Immunities of States and Their Property [not yet in force], Art. 5.
UN Convention on Jurisdictional Immunities of States and Their Property [not yet in force], Art. 5.
A State enjoys immunity, in respect of itself and its property, from the jurisdiction of the courts of another State subject to the provisions of the present Convention.
5B. High-ranking State officials
ICJ judgement in the Arrest Warrant Case
(DR Congo v Belgium), Paragraph 51, first sentence.
5B. High-ranking State officials
ICJ judgement in the Arrest Warrant Case (DR Congo v Belgium), Paragraph 51, first sentence.
“Certain holders of high-ranking office in a State, such as the Head of State, Head of Government and Minister for Foreign Affairs, enjoy immunities [under international law] from jurisdiction in other States, both civil and criminal.”
5C. Diplomats
Vienna Convention on Diplomatic Relations (VCDR),
Art. 29 (1st and 2nd sentences).
5C. Diplomats
Vienna Convention on Diplomatic Relations (VCDR), Art. 29 (1st and 2nd sentences).
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention.
5C. Diplomats
VCDR, Art. 31.1 (chapeau/heading only).
5C. Diplomats
VCDR, Art. 31.1 (chapeau/heading only).
A diplomatic agent SHALL enjoy immunity from the criminal jurisdiction of the RECEIVING State.
HE SHALL also enjoy immunity from its civil and administrative jurisdiction, except in [three cases].
5D. Consuls
Vienna Convention on Consular Relations (VCCR)
Art. 41.1.
5D. Consuls
Vienna Convention on Consular Relations (VCCR),
Art. 41.1.
Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.
5D. Consuls
Vienna Convention on Consular Relations (VCCR),
VCCR, Art. 43.1.
5D. Consuls
Vienna Convention on Consular Relations (VCCR),
VCCR, Art. 43.1.
Consular officers and consular employees shall not be AMENABLE to the jurisdiction of the JUDICIAL or ADMINISTRATIVE authorities of the RECEIVING State
in respect of acts performed in the exercise of consular functions.
5E. International organizations and their officials
UN Charter, Art. 105.1.
5E. International organizations and their officials
UN Charter, Art. 105.1.
The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.
5E. International organizations and their officials
UN Charter, Art. 105.2.
5E. International organizations and their officials
UN Charter, Art. 105.2.
[O]fficials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
5E. International organizations and their officials
ASEAN Charter, Art. 17.1.
5E. International organizations and their officials
ASEAN Charter, Art. 17.1.
ASEAN SHALL ENJOY in the territories of the Member States such immunities and privileges as are necessary for the fulfilment of its purposes.
5E. International organizations and their officials
ASEAN Charter, Art. 18.1.
5E. International organizations and their officials
ASEAN Charter, Art. 18.1.
The Secretary-General of ASEAN and staff of the ASEAN Secretariat participating in official ASEAN activities or representing ASEAN in the Member States shall enjoy such immunities and privileges as are necessary for the independent exercise of their functions.
