Other
Learning objectives problem 6 PIL
- Course
- Institution
- Book
Learning objectives problem 6 PIL
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Learning objectives problem 5 PIL
-
Learning objectives problem 3 PIL
-
Uitwerking leerdoelen Problem 2 PIL
Seller
Follow
aylinmali
Reviews received
Content preview
Law of Immunities Public International LawPROBLEM 6
Learning objective:
1. To what extent do high-ranking state officials enjoy immunity under public international law?
o Background and rationale of immunity of high-ranking state officials
o Former and incumbent high-ranking state officials
o The Warrant-case (goed lezen want heel arrest is belangrijk)
Literature:
- Jan Klabbers, ‘International Law’: Chapter 5 (p. 110-113)
- E-lessons: 11
- Warrant-case (DRC v. Belgium)
1 TO WHAT EXTENT DO HIGH-RANKING STATE OFFICIALS ENJOY IMMUNITY UNDER
PUBLIC INTERNATIONAL LAW?
Background on rationale of immunity of high-ranking state officials
Examples of high-ranking state officials:
- Heads of state
- Heads of government
- Ministers of foreign affairs
Negotiations between states would be made extremely difficult if whenever a negotiator was sent, he
was put in prison or killed – this would not be conductive to productive diplomatic relations.
- Over time, the practice grew of providing states and their plenipotentiaries with protection
against the authorities of the state with which they supposed to do business, and these have
found recognition in the law of immunities.
- It is generally accepted that states themselves can be immune from prosecution in other states,
as can their representatives (diplomats and others) → immunity automatically applied to both
For centuries, states were held to be absolutely immune, meaning, in effect, that states could not be
prosecuted before the courts of other states. The underlying theory owed much to the idea that
domestic courts should be used for disputes between individuals, but that disputes involving states
should somehow be settled on international level, through diplomacy, or by means of an international
tribunal.
- This worked fine when states and their rulers were deemed identical; when Louis XIV proclaimed
‘L’état, c’est moi’, he made some sense to his contemporaries.
- States and their sovereigns were really one and the same, and it stood to reason that no
sovereign ruler would have to endure the indignity of a trial abroad.
After the 20th century, states started to take on an increasing number of functions, including the
operation of state companies. This opened the possibility of state companies reneging on their
contracts with impunity for, being instruments of the state, they could benefit from state’s absolute
immunity.
- Our concept of state and state rulers has changed over time → today, the immunity of high-
ranking state officials is derived from the immunity of the state.
- The inter-relatedness of those two topics is demonstrated by the fact that it is the state alone
which can confer or remove the immunity of its officials by, for example, issuing a waiver of
immunity.
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller aylinmali. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.71. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
47561 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 15 years now