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Questions and Answers
What significant change regarding heads of state immunity is noted in the recent developments of international law?
States are immune from legal actions regardless of the crimes committed by their officials.
False
What is the term used to describe norms that cannot be violated, as mentioned in the ICJ DRC v Rwanda case?
jus cogens
In the UK House of Lords 'Pinochet' case, it was determined that torture cannot be considered a ______ function.
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Match the following cases with their key legal principles:
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Which statement accurately describes state immunity?
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State immunity prevents individuals from pursuing justice against a state for gross violations of international human rights law.
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Which article in the ICCPR addresses the right to a fair trial?
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Diplomats have _____ immunity for acts committed while in office.
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What must be true for state officials to be granted state immunity?
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Match the following terms with their correct descriptions:
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In which case did the ICJ highlight that personal immunity does not allow exceptions even for international crimes?
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What is one condition for diplomats to enjoy functional immunity?
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All officers, including ambassadors, are immune from prosecution regardless of their actions.
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What may a host state do if a diplomat does not comply with the laws of the receiving state?
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If the host state fails to apply immunity to a diplomat, it may trigger ______ on behalf of the sending state.
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Match the following international law concepts with their definitions:
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What happens if a diplomat is declared persona non grata?
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International organizations have complete immunity from local laws in host states.
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What was the significance of the ICJ U.S. Diplomatic and Consular Staff in Iran case?
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The effective conduct of UN operations is crucial for maintaining ______ and ______.
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What is one remedy available if a diplomat misuses their immunity?
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Study Notes
State Immunity
- States are immune from lawsuits for all acts they perform as a state (jure imperii)
- This immunity is based on the principle of sovereign equality among states (par in parem non habet imperium)
- State immunity is a rule of international law recognized by most states
- State practice regarding state immunity has been diverse and complex
- Tension exists between state immunity and the right to a fair trial for individuals whose rights have allegedly been violated by a state
- States are not immune for their private or commercial acts (jure gestionis)
- State immunity is generally considered restricted rather than absolute
Diplomatic and Consular Staff
- Heads of state and ambassadors have absolute personal immunity while in office, covering both public and private actions
- Diplomatic immunity is not for personal benefit, but to ensure the effective performance of their state's functions
- Diplomats are immune for acts committed before assuming office under the principle of preserving the integrity of the state's activities
- This absolute immunity applies even to international crimes
- All officials below ambassador level enjoy functional immunity, meaning they are protected only for actions related to official duties
- Failure to apply diplomatic immunity triggers state responsibility
Diplomatic Immunity - Exceptions and Remedies
- The 1961 Vienna Convention provides rules and remedies regarding diplomats who misuse their immunity
- The International Court of Justice (ICJ) U.S. Diplomatic and Consular Staff in Iran case (1980) clarified the rules and remedies:
- Diplomats have a duty to respect the laws and regulations of the host state
- If a diplomat fails to comply, the host state can declare them persona non grata
- Failing to recall the diplomat will result in the receiving state refusing to recognize them
- As a last resort, the receiving state can sever diplomatic ties with the sending state
- Criticism exists regarding the extent of diplomatic privileges and immunities
International Organizations
- International organizations (IOs) enjoy immunity from the host state's jurisdiction to ensure their independence
- Allowing a state to interfere with the operations of an IO would jeopardize the IO's mission
Immunity for Former Diplomats
- Former diplomats remain immune for all official acts performed while in office, but this immunity becomes more limited (functional)
- They can be tried for acts committed not in their official capacity, both before and after their term in office
- International criminal tribunals can have jurisdiction over individuals who committed international crimes
Immunity of Heads of State
- The law on head of state immunity is evolving toward a more limited immunity
- Former heads of state are not immune for crimes committed while in office.
ICJ Case Law
- ICJ Case Concerning Arrest Warrant of 11 April 2000 (DRC v Belgium, 2002) confirmed the principle of state immunity as a rule of international law.
- ICJ Jurisdictional Immunities of the State (Germany v Italy, 2012) found that customary international law does not support the removal of state immunity for gross violations of international human rights or humanitarian law.
- ICJ DRC v Rwanda (2006) established that violations of jus cogens norms do not automatically lead to the loss of immunity.
- ICJ U.S. Diplomatic and Consular Staff in Iran (1980) clarified rules and remedies regarding diplomats who misuse their immunity.
ECtHR Case Law
- ECtHR Al-Adsani v UK judgment: state immunity from civil lawsuits cannot be struck down as contrary to the European Convention on Human Rights (ECHR) Article 6.
- ECtHR Stichting Mothers of Srebrenica and others v NL (2013) upheld the immunity of the United Nations in relation to its mission to secure international peace and security.
- ECtHR Jones and others v UK (2014) acknowledged emerging support for restricting immunity in cases of torture claims against foreign state officials but upheld the current practice of granting immunity.
Pinochet Case
- The UK House of Lords decision on the Pinochet case established that while former heads of state retain immunity for official acts, they are not protected from prosecution for ordinary crimes, including crimes under the torture convention, even if committed during their tenure.
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Description
This quiz explores the principles of state immunity under international law, including the differences between jure imperii and jure gestionis. It also examines the immunities granted to diplomatic and consular staff. Test your understanding of these complex legal concepts.
