Unit 4B - Immunity

Question 1

What are the two categories of immunity ?

Answer 1

Functional immunity and personal immunity.

Question 2

What is the purpose of functional immunity ?

Answer 2

It shields public officials from responsibility for acts performed in respect of their official function and in their official capacity on behalf of a state or its organs.

Question 3

Discuss the temporal element of functional immunity.

Answer 3

A state official enjoys such immunity for the duration of their tenure in office and cannot be prosecuted for official acts conducted during that period.

Question 4

What are the limitations of functional immunity ?

Answer 4

This form of immunity is limited to acts committed in a person’s official capacity, and
acts which fall outside the scope of an official act can therefore be either before the official takes office or after the official no longer occupies the office.

Question 5

What is an exception to functional immunity ?

Answer 5

International crimes.

Rome Statute of the International Crimes Court.

Question 6

What is the purpose of personal immunity ?

Answer 6

• A senior state official is immune from foreign state jurisdiction in order to guard against the violation of state sovereignty or an interference with the official functions of a state agent.
• Heads of state have absolute immunity against arrest and prosecution in a foreign court state or its organs as means of allowing them to perform their official functions.

Question 7

Discuss the temporal element of personal immunity.

Answer 7

This type of immunity benefits the recipient during the period that the person remains in the office to which the immunity attaches.

Question 8

What are the limitations of personal immunity ?

Answer 8

• Has been described as absolute immunity in that it bars every act of the official, private, or otherwise, from prosecution in a foreign jurisdiction.
• Personal immunities means such a person cannot be arrested or detained and has complete immunity from criminal and civil jurisdiction.

Question 9

Is there an exception for personal immunity ?

Answer 9

Personal immunity does not apply before international courts.

Arrest Warrant Case.

Question 10

In which three other instances might immunity be lifted ?

Answer 10

• When the accused is tried in their home state.
• If the home state waives immunity.
• If the accused no longer holds office.

Arrest Warrant case.