Jurisdiction and Immunity

Question 1

Legislation

Answer 1

s401 Third US Restatement of Foreign Relations Las 1986
UN Conventions on Jurisdictional Immunities of States
Vienna Convention on Diplomatic Relations
A6(1) ECHR
Foreign Sovereign Immunities Act (US)
State Immunity Act 1978 (UK)

Question 2

Arrest Warrant Case - Majority Opinion

Answer 2

Arrest warrant on absentia for Congo’s Foreign Min - Yerodia

Belgium’s claim to UJ is unwarranted - court avoided Q

Min entitled to inviolability - functional immunity absolute
Reject submission of HR exception + Reject analogy to Pinochet

= Violation of immunity by issuing warrant

Question 3

Pinochet

Answer 3

Former head of state of Chile - torture

Immune - no state can regard torture as an official act? - waive immunity when ratifying torture convention?
Individual accountability

Question 4

Jones v Arabia

Answer 4

Jones tortured in Saudi Arabia
Protection of state immunity is procedural - court has no choice but to grant it - UK not proposing to torture anybody = not in violation of JC

Question 5

Kadi II

Answer 5

Freezing assets - terrorism

Regulation cannot benefit from immunity - JR indispensable for fair balance int’l concerns and HR

Question 6

Arrest Warrant - Judges Higgins, Koijmans, Buergenthal

Answer 6

Cannot consider I without considering J

UJ exists over particular offences

I- functional immunity needed

Question 7

Belgium v Senegal

Answer 7

Habre (President of Chad) - HR violations in office
Asylum in Senegal - Belgium extradition request

Aut dedere aut judicare obligation

Question 8

Belgium v Senegal

Answer 8

Habre (President of Chad) - HR violations in office
Asylum in Senegal - Belgium extradition request

Aut dedere aut judicare obligation

Question 9

Commission v Italy

Answer 9

It violated PIL by allowing It court to hear claims against Gr for damage done during WWII

I does not apply - acts complained of constitute int’l cimes

Judge Cancado dissenting - state-centric