Chapter 9: Immunities

A video tutorial from author Gleider Hernández introducing the topics in chapter 9 of International Law

View the transcript here.

Key points for reflection:

  • Derived from the sovereign equality of States and their non-intervention in each other’s affairs; thus extends to State officials, agents, and representatives
  • Basic principle: States ought in principle not be forced to appear as defendants in other States’ courts for sovereign acts
  • State Immunity: Elements of a plea
    • Defining the Foreign State
    • Exceptions to Adjudicative Jurisdiction
    • Act of State & Non-Justiciability
  • Immunity of Certain Categories of Officials
  • Scope of Immunities for Serious Crimes
    • Immunity ratione personae for certain high-ranking officials
    • Immunity ratione materiae for most other officials, and retired high-ranking officials
  • Diplomatic and Consular Immunities

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