Immunities and Universal Jurisdiction

Question 1

The Schooner Exchange v McFaddon (Parlament Belge)

Answer 1

Immunity is a natural expression of the principle of sovereign equality.

Question 2

Holland v Lampen-Wolfee

Answer 2

Immunity is understood as an obligation under customary international law.

Question 3

Germany v Italy

Answer 3

The restrictive approach is now the dominant one, even though some countries disagree.

Question 4

Re International Tin Council

Answer 4

The burden of proof is on the claimants to prove that the respondents don’t have immunity.

Question 5

Art. 2(2) UN convention on judicial immunities

Answer 5

Test to distinguish between jure imperii and jure gestionis.

Question 6

Al Adsani v UK

Answer 6

The court was unable to find anything to suggest that immunity does no longer apply in civil cases.

Question 7

Arrest Warrant Case

Answer 7

Incubent foreign ministers enjoy absolute immunity.

Question 8

US v Noriega

Answer 8

State immunity is grounded in Customary law

Question 9

Re Pinochet

Answer 9

Torture and all that

Question 10

Self defence in response to attacks by non state actors in the light of recent state practice: a step forward?

Answer 10

Raphael van Steenberghe

Question 11

Universal Jurisdiction is not disappearing

Answer 11

Maximo Langer