State Immunity

Question 1

TRUE or FALSE: States cannot be tried in domestic court

Answer 1

-YES, to a certain extent
-also long at it is not a commerical act (Act jure gestionis)
-and is a governm. act (acta jure imperii)

Question 2

Define Act Jure Gestionis

Answer 2

-Commercial act

Question 3

Define Acta jure imperii

Answer 3

-gov. (sovereign) acts

Question 4

Explain the test to determine whether something is a commercial transaction

Answer 4

1. NATURE of C or T
   2.PURPOSE of C or T
   -UN CJI
   -Art 2(2)

Question 5

Where can one find the definition of a commercial transaction

Question 6

Which case law outlines the definition of an acte jure gestionis

Answer 6

-Empire of Iran case

Question 7

TRUE or FALSE: States can waive state immunity

Answer 7

-Yes
-Art. 7-8 and 19 UCNCJI

Question 8

List the Important Cases for this Topic

Answer 8

-Empire of Iran Case
- Arrest Warrant Case
-Jurisdictional Immunites

Question 9

If a state is accused of genocide (ius cogens norm) in their governmental acts are they procted by immunity?

Answer 9

• Cannot be prosecuted in domestic court
  -diff q.
  -substantive question: ius cogens
  -procedural question: immunities
  -Jurisidictional Immunities of the State (C.93)

Question 10

Is there a conflict between ius cogens rules and state immunity?

Answer 10

• NO
  -explained further in Jurisdictional Immunities of the State (C.93)

Question 11

Explain absolute immunity

Answer 11

-excused from everything

Question 12

Explain restrictive immunity

Answer 12

-excused but only in certain situations

Question 13

Explain the territorial tort exception

Answer 13

• state immunity does not apply to cases of tort in UNCJI
• Jurisdictional Immunities
  -Art 12

Question 14

Does the territorial tort exception apply in all cases?

Answer 14

-No, for example look at Jurisdictional Immunities Case
-Court: does not app
-CIL–> requires impunity
-BEFORE UNCJI
-less sp
-(it’s not in force yet)

Question 15

What does the Jurisdictional Immunities Case say about The Territorial Tort Exception

Answer 15

• Does not apply to act jure imperii

Question 16

What did the Jurisdictional Immunities Case conclude about state immunities

Answer 16

-APPLIES
-in confl. between ius cogens + si
-no real confl.
-different qs: proc. + subs.

Question 17

TRUE or FALSE: diplomatic premises are inviolable

Answer 17

-YES
-Art. 22 VCDR

Question 18

TRUE or FALSE: diplomatic premises can be seized if found to not be genuinely used for diplomatic purposes

Answer 18

True
- -Equitorial Guinea v. France

Question 19

What did the Equitorial Guinea v. France case determine about the inviolability of diplomatic premises?

Answer 19

-Can seize if proven to be misused
-give GRACE PERIOD
-so accused state can seize themselves

Question 20

Explain Immunity Rationae Personae

Answer 20

-Personal immunity
-connec. 2 office rather than act
-full immunity
-regardless of priv. or gov

Question 21

How long do heads of states have immunity rationae personae

Answer 21

• only while they are in office

Question 22

What actions are covered by immunity rationae personae?

Answer 22

-All
-incl. before period of office
-during

Question 23

What immunities do former heads of states and other government figures hold

Answer 23

• Immunity Ratione materia
  -only have immunity for their functional acts
  -not PRIVATE
  -during office time

-NO immunity for
-acts committed prior to period in office
-After

 -Arrest Warrant Case

Question 24

What is the case law which explains the inviolability of diplomatic premises?

Answer 24

-Tehran Hostages Case

Question 25

What did the Tehran Hostages Case conclude when it came to diplomatic immunities?

Answer 25

Obligation to protect
-Try to help, no random police dispersal

Question 26

What did the Tehran Hostages Case conclude when it came to to countermeasures?

Answer 26

-Failure to protect,
-Not warranted way of dealing with illegal activities of dip. mission
-dip. law provides necessary defence

Question 27

If diplomatic status is contested by the government can one revoke it?

Answer 27

• Yes
  -Equator v. UK

Question 28

What did the Equator v. UK case conclude about the revocation of diplomatic status?

Answer 28

• If revoke
  -never had dip. status in the first place

Question 29

Where can the codification of the inviolability of diplomatic premises be found?

Answer 29

-Art. 22 VCDR

Question 30

Where can the persona non grata concept be found?

Answer 30

-Art. 9 of the VCDR