state immunity


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state immunity

the general principle that one state does not impose civil or criminal liability on another. Thus the head of state or former head of state of a country is normally free from prosecution in another country. However, where a crime is internationally recognized as such and is one which at the time did not fall within the function of a head of state, there may be no immunity.
References in periodicals archive ?
of state immunity and the commercial activity exception to sovereign
A few remarks will then be dedicated to the peculiar Italian position on the law of State immunity in case of serious violations of human rights and humanitarian law and the impact that this position might have on the question at issue (para.
com/what-happened-holly-bobo-5-witnesses-murder-trial-granted-immunity-2562725) five witnesses - Victor Dinsmore, Michael Alexander, Jason Kilzer, Shayne Austin and Jason Wayne Autry - were granted federal or state immunity in the case last week.
The appeal court said Iran was not immune as a state under the JVTA and Canada's State Immunity Act, nor are the properties beyond reach due to diplomatic immunity.
They cover general issues, dispute settlement, state responsibility and state immunity, law of the sea, human rights, international humanitarian law, and the use of force.
However, there is more than one way to achieve this, and there are other existing mechanisms and precedents for lifting the principle of State immunity in extremis without enacting the JASTA," added the spokesperson who requested anonymity.
Mufleh bin Rabi'an Al-Qahtani said in a statement in his name and on behalf of the members of the National Society for Human Rights that the law does not serve justice and it exceeded the sovereignty of states as it sets a dangerous precedent in international relations for violating the principle of state immunity from the jurisdiction of another State, expressing skepticism about the ulterior motives for approval of the issuance of such a legislation, which lacks any goal of achieving justice.
International law firm Pinsent Masons has advised Turkish construction company, Tepe on its landmark US$100 million state immunity case on appeal from the Royal Court of Jersey.
But, the previous government in violation of international law took that right away from Iran and made it an exception under the State Immunity Act, hence deliberately paving the way for Ontario Superior Court of Justice to hand down the ruling in an illegal move.
court decision will have "catastrophic implications" and "will cause systematic erosion" of the principal of state immunity.

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