State Immunity Flashcards
TRUE or FALSE: States cannot be tried in domestic court
-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)
Define Act Jure Gestionis
-Commercial act
Define Acta jure imperii
-gov. (sovereign) acts
Explain the test to determine whether something is a commercial transaction
- NATURE of C or T
2.PURPOSE of C or T
-UN CJI
-Art 2(2)
Where can one find the definition of a commercial transaction
Which case law outlines the definition of an acte jure gestionis
-Empire of Iran case
TRUE or FALSE: States can waive state immunity
-Yes
-Art. 7-8 and 19 UCNCJI
List the Important Cases for this Topic
-Empire of Iran Case
- Arrest Warrant Case
-Jurisdictional Immunites
If a state is accused of genocide (ius cogens norm) in their governmental acts are they procted by immunity?
- Cannot be prosecuted in domestic court
-diff q.
-substantive question: ius cogens
-procedural question: immunities
-Jurisidictional Immunities of the State (C.93)
Is there a conflict between ius cogens rules and state immunity?
- NO
-explained further in Jurisdictional Immunities of the State (C.93)
Explain absolute immunity
-excused from everything
Explain restrictive immunity
-excused but only in certain situations
Explain the territorial tort exception
- state immunity does not apply to cases of tort in UNCJI
- Jurisdictional Immunities
-Art 12
Does the territorial tort exception apply in all cases?
-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)
What does the Jurisdictional Immunities Case say about The Territorial Tort Exception
- Does not apply to act jure imperii
What did the Jurisdictional Immunities Case conclude about state immunities
-APPLIES
-in confl. between ius cogens + si
-no real confl.
-different qs: proc. + subs.
TRUE or FALSE: diplomatic premises are inviolable
-YES
-Art. 22 VCDR
TRUE or FALSE: diplomatic premises can be seized if found to not be genuinely used for diplomatic purposes
True
- -Equitorial Guinea v. France
What did the Equitorial Guinea v. France case determine about the inviolability of diplomatic premises?
-Can seize if proven to be misused
-give GRACE PERIOD
-so accused state can seize themselves
Explain Immunity Rationae Personae
-Personal immunity
-connec. 2 office rather than act
-full immunity
-regardless of priv. or gov
How long do heads of states have immunity rationae personae
- only while they are in office
What actions are covered by immunity rationae personae?
-All
-incl. before period of office
-during
What immunities do former heads of states and other government figures hold
- 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
What is the case law which explains the inviolability of diplomatic premises?
-Tehran Hostages Case
What did the Tehran Hostages Case conclude when it came to diplomatic immunities?
Obligation to protect
-Try to help, no random police dispersal
What did the Tehran Hostages Case conclude when it came to to countermeasures?
-Failure to protect,
-Not warranted way of dealing with illegal activities of dip. mission
-dip. law provides necessary defence
If diplomatic status is contested by the government can one revoke it?
- Yes
-Equator v. UK
What did the Equator v. UK case conclude about the revocation of diplomatic status?
- If revoke
-never had dip. status in the first place
Where can the codification of the inviolability of diplomatic premises be found?
-Art. 22 VCDR
Where can the persona non grata concept be found?
-Art. 9 of the VCDR
