Privileges and Immunities in International Law
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Privileges and Immunities in International Law

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Questions and Answers

What does a privilege allow a diplomat to do?

  • Engage in illegal activities
  • Ignore international treaties
  • Be exempt from paying income tax in the host state (correct)
  • Avoid diplomatic dialogues

    • Immunities mean that individuals are protected from illegal actions by the host state.

    False

    What document governs the privileges and immunities of states?

    Vienna Convention on Diplomatic Relations (1961)

    A/an ______ allows diplomats to fulfill their functions by providing necessary legal protections.

    <p>immunity</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Privilege = Exemption from rules Immunity = Protection from legal action Diplomatic protection = Based on reciprocity Vienna Convention = Governing diplomatic relations</p> Signup and view all the answers

    What is the primary reason for International Organizations' (IO) absolute immunity?

    <p>To allow them to operate without interference while exercising their functions</p> Signup and view all the answers

    International Organizations are required to address human rights infringements in their operations.

    <p>False</p> Signup and view all the answers

    What case exemplifies harm caused by UN peacekeepers?

    <p>MINUSTAH, Haiti (2010)</p> Signup and view all the answers

    If an IO does not willingly comply, it can _____ its immunity to promote justice.

    <p>waive</p> Signup and view all the answers

    Match the following concepts to their descriptions:

    <p>Privileges and Immunities = Legal protections afforded to IOs SG = Secretary-General of the UN MINUSTAH = UN peacekeeping operation in Haiti Criminalization of behavior = Member states' action against crimes by UN nationals</p> Signup and view all the answers

    What type of acts does a state have immunity for?

    <p>Acts performed by state officials in their official capacity</p> Signup and view all the answers

    States have absolute immunity for all of their actions.

    <p>False</p> Signup and view all the answers

    In which case did the ICJ rule that state immunity could not be dismissed in instances of human rights violations?

    <p>Germany v Italy</p> Signup and view all the answers

    Diplomats and consular staff have ______ immunity in relation to their official functions.

    <p>absolute</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Jure imperii = Acts performed by state officials in their official capacity Jure gestionis = Private or commercial acts of a state Personal immunity = Immunity granted to heads of state and diplomats for all actions while in office ICJ = International Court of Justice</p> Signup and view all the answers

    According to the rulings, when is a minister shielded by personal immunity?

    <p>While serving in office</p> Signup and view all the answers

    Immunities for diplomats are granted solely for their personal benefit.

    <p>False</p> Signup and view all the answers

    What does the principle of 'par in parem non habet imperium' translate to?

    <p>Equals have no sovereignty over each other</p> Signup and view all the answers

    What does the ICJ 'DRC v Rwanda' case illustrate about jurisdiction in relation to jus cogens norms?

    <p>Breach of jus cogens norm does not confer jurisdiction</p> Signup and view all the answers

    Immunity can be circumvented for civil claims related to torture against foreign state officials.

    <p>False</p> Signup and view all the answers

    What happens to a minister's immunity after they cease to hold their position?

    <p>It becomes more limited or 'functional'.</p> Signup and view all the answers

    A former ambassador retains immunity only for __________ acts done while in office.

    <p>official</p> Signup and view all the answers

    According to the UK House of Lords in the 'Pinochet' case, can committing a crime be part of the functions of a head of state?

    <p>No, it cannot be part of their functions</p> Signup and view all the answers

    There has been a move toward absolute immunity for heads of state according to the recent law.

    <p>False</p> Signup and view all the answers

    What is considered a jus cogens norm in international law?

    <p>A fundamental principle that cannot be violated.</p> Signup and view all the answers

    Match the listed cases or concepts with their relevant statements:

    <p>ICJ 'DRC v Rwanda' = Breach of jus cogens does not confer jurisdiction ECtHR Jones v UK = Immunity may not be circumvented 'Pinochet' case = Crime cannot be part of state functions Functional immunity = Applies after a minister leaves office</p> Signup and view all the answers

    What is the primary purpose of the privileges and immunities of International Organizations (IOs)?

    <p>To ensure effective exercise of its functions and fulfillment of its purposes</p> Signup and view all the answers

    International Organizations have complete immunity from local laws.

    <p>False</p> Signup and view all the answers

    What article of the UN Charter addresses the privileges and immunities of International Organizations?

    <p>Article 105</p> Signup and view all the answers

    The 1946 UN Convention exempts the UN from local ______ and customs.

    <p>taxes</p> Signup and view all the answers

    Match the following articles to their respective provisions regarding the UN's privileges and immunities:

    <p>Art. II s. 7 = Exemption from local taxes and customs Art. II s. 3 = Immunity from legal action on property Art. IV s. 11ff = Privileges for member states’ representatives UNSG responsibilities = Inviting local authorities into premises</p> Signup and view all the answers

    Which agreement supplements the 1946 UN Convention and was entered into with the host states?

    <p>Headquarters Agreements</p> Signup and view all the answers

    The UN can waive its own immunity if it chooses to do so.

    <p>True</p> Signup and view all the answers

    What must host state authorities obtain to enter an International Organization's premises?

    <p>Approval from the administrative head of the IO</p> Signup and view all the answers

    Study Notes

    Privileges and Immunities in General

    • Privilege exempts one from a rule
    • Immunity shields one from legal action

    Privileges and Immunities of States

    • The rules on P&I are some of the oldest in international law
    • Codified in the 1961 Vienna Convention on Diplomatic Relations
    • Purpose: allowing diplomatic missions to fulfil their functions
    • Diplomatic protection is founded on the principle of reciprocity

    State Immunity

    • State is immune for all state acts (jure imperii)
    • Reason: equals have no sovereignty over each other (‘par in parem non habet imperium’)
    • State immunity is a rule of PIL
    • State immunity is restricted rather than absolute

    Diplomats and Consular Staff

    • Heads of state through to ambassador in office have absolute immunity
    • This immunity is not granted for their personal benefit, but to ensure the effective performance of their functions
    • Ministers remain immune even for acts committed before becoming minister
    • Immunity may not be circumvented even in cases of gross violations of international human rights or international humanitarian law
    • ICJ: such immunity should not equal impunity → justice should be served in minister’s home state’s courts.Or home state should waive his immunity.
    • Once minister ceases to hold the position, immunity becomes more limited (‘functional’)
    • Same people out of office remain immune only for all official acts done while in office

    Privileges and Immunities of International Organizations

    • Art. 105 UN Charter: privileges and immunities of the IO are necessary for the effective exercise of its functions and the fulfilment of its purposes
    • Principles & rules on IO immunities typically reflect those of states.
    • Immunity from local courts’ jurisdiction does not mean that local law doesn’t apply to IOs.
    • IO-host state relationships are not governed by a general treaty such as for state immunity.

    United Nations

    • Art. 105(3) UNC → General Assembly adopted the General Convention on Privileges and Immunities of the UN (1946)
    • UN enjoys absolute immunity
    • UN's property, assets, premises, archives, etc. are immune from legal action
    • UN can waive its own immunity
    • UNGA has called on member states to criminalize behavior of their nationals serving the UN and committing crimes
    • As we realize that IO’s work and operations sometimes adversely affect millions of people, IO’s immunity from lawsuit (only necessary to exercise its functions) has become increasingly controversial.
    • Risk: if UN would continue to push responsibility to troop-contributing nations the latter may become reluctant to contribute troops in the future

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    Description

    Explore the fundamental concepts of privileges and immunities within international law. This quiz delves into the historical context, state immunity, and the protections afforded to diplomatic missions and their staff. Test your knowledge on these essential legal principles that govern international relations.

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