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 ?
For a criticism of the actual law of State immunity, see
(24.) Although the UN adopted a treaty regulating state immunity for certain types of conduct, it has not entered into force.
First, this article urges that not all forms of state immunity are equal and that the scope of immunity ratione materiae should not be confused with that of its ratione personae counterpart.
The judge tried without success to isolate a period in which federal and state immunity provisions could remain intact.
The Joint Committee on Human Rights called on ministers to lift state immunity, rejecting Government claims that the move would breach its international obligations.
This report provides background on the international law doctrine of foreign State immunity and the FSIA; summarizes the 1996 amendments creating an exception to state immunity under the FSIA for suits against terrorist States; details the subsequent cases and the legislative initiatives to assist claimants in efforts to collect on their judgments; sets forth the legal and policy arguments that were made for and against those efforts; summarizes the decision in Roeder v.
Kazemi is also challenging Canada's State Immunity Act, which restricts the conditions under which a foreign government can be sued on Canadian soil.
The Joint Committee on Human Rights has called on ministers to lift state immunity, rejecting Government claims that the move would breach its international obligations.
Litigation began in 2008, when FG claimed that the Congolese government enjoys only ''restrictive state immunity'' under Hong Kong's common law system, while Kinshasa claimed ''absolute state immunity'' under China's law.
The court noted that head of state immunity is a well-established legal principal in the United States.
"For the above reasons and the jurisprudence cited earlier in this decision, the Chamber finds that customary international law creates an exception to Head of State immunity when international courts seek a Head of State's arrest for the commission of international crimes.
Critics of the Court's immunity jurisprudence--including this one--are likely to find themselves more sympathetic to assertions of state immunity when what is at stake is not simply some amorphous "dignity" interest but the ability of the state to provide public education, maintain state highways, and operate state prisons.

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