Flashcards in 6 - Immunity Deck (10)
What happened in the ferrini case?
The ICJ held that there was no conflict between jus cogens and state immunity so neither were superior
What happened in the arrest warrant case?
The ICJ noted that in customary international law, the immunities accorded to ministers of foreign affairs are not granted for their personal benefit, they are granted to ensure the effective performance of their functions on behalf of their respective states
What happened in the pinochet case?
It was deemed that there was no immunity for the head of chile in a case of torture, this was due the torture convention and torture not being an official act
What is sovereign immunity?
It is generally accepted that states themselves can be immune from prosecution in other states as can their representatives
Whats is an act jure gestionis?
This is a commercial act, states do not have immunity for this
What is an act jure imperii?
This is a governmental act, states do have immunity for this
What instigated the change from absolute state immunity to relative state immunity?
The emergence of state companies
What is diplomatic immunity?
Diplomats represent their state abroad and in order to do so properly should be free from concerns of arrest
What are the 4 types of staff who have immunites?
Technical and admin staff