Chapter 7 Self-test questions

. What is the purpose of sovereign immunity?

The purpose of immunity is to protect foreign Heads of State from embarrassment

Immunity protects a State from being invaded by another

Immunity shields States from being sued in the courts of other States

The purpose of immunity is to offer impunity in respect of all crimes

. What is an act jure imperii?

An act is jure imperii when undertaken by an international organisation

An act is jure imperii when undertaken in an official State capacity

All acts undertaken by State officials are acts jure imperii

An act is jure imperii when undertaken by a State corporation

. What is an act jure gestionis?

Acts jure gestionis are those undertaken by States in a private capacity

All purchases by the State are acts jure gestionis

All acts undertaken by State corporations are jure gestionis

All conduct undertaken by government officials in their free time is considered jus gestionis.

. Is the unlawful homicide committed by Minister of country X abroad an act jure imperii or jure gestionis?

Such conduct is a public act (jure imperii)

Such conduct never attracts immunity

Such conduct is a private act (jure gestionis)

Such conduct is a public act but is shielded by immunity

. What is the meaning of "act of State" doctrine?

The act of State doctrine denotes that all State acts attract immunity

The act of State doctrine denotes that the assessment as to the existence of an alleged tort committed by a State belongs to the executive and not the courts

The act of State doctrine denotes that the courts are well placed to assess the existence of an alleged tort committed by the State

The act of State doctrine is a legal mechanism that allows the courts to provide immunity to public acts of foreign States

. What is personal (ratione personae) immunity?

Personal immunity is afforded to all physical persons

Personal immunity is that which is afforded in a personal capacity and hence does not cover conduct of the State as such

Personal immunity is afforded only to particular persons irrespective if their conduct was undertaken in a private or public capacity

Personal immunity is afforded to State officials for conduct undertaken in a public capacity

. What is functional (ratione materiae) immunity?

Functional immunity covers the person but not the act

Functional immunity covers the act and incidentally also the person committing the act

Functional immunity covers the State and incidentally also the act

Functional immunity covers both private and public acts as long as they are sanctioned by the State

. What was the outcome before the European Court of Human Rights in the Al-Adsani case?

The Court held that the right to a fair trial trumped the privilege of immunity

The Court held that immunity trumped the right to a fair trial

The Court held that immunities were not in conflict with the right to a fair trial

The Court held that human rights considerations prevailed over all other contrary rules of international law, including most immunities

. What is the principal source of immunity in respect of international organisations (IOs)?

The principal source of immunity for IOs is the UN Charter

The principal sources of immunity for IOs are headquarters agreements and multilateral treaties providing specific immunities

The principal source of immunity for IOs is customary law

The principal source of immunity for IOs is the Vienna Convention on Diplomatic Immunities

. What was the most important finding by the House of Lords in the Pinochet case?

The Pinochet case confirmed that former heads of State enjoy absolute immunity

The Pinochet case confirmed that all public acts enjoy immunity

The Pinochet case confirmed that former heads of State cease to enjoy personal immunity once removed from office

The Pinochet case confirmed that in respect of immunities there is no difference between a current and a former head of State

Chapter 7 Self-test questions

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