Materi Kuliah Jurusan Hukum tentang Hukum Internasional Dunia Kuliah Jurisdiction II

(1)

(2)

Immunity from Jurisdiction :

Exceptions to the exercise of territorial jurisdiction :

• State Immunity

(3)

State Immunity

• Par in parem non habet imperium

• Traditionally immune extends to private acts (jure gestionis)

• Absolute immunity >> the Parlement Belge • Modified to cover State act only (jure imperii)

– The 1976 American Foreign Sovereign Immunities Act – The 1926 Brussels Convention for the Unification of

(4)

Parlement Belge

• Daring and Parlement Belge in Feb 14, 1878 were collided out off Dover. • Daring claimed against Parlement Belge over its damage for a

compensation

• Parlement Belge was :

– A property of the King of Belgians

– At the time of collision it was controlled and employed by the King >> carrying mails and considerable commercial goods and officered by Belgian officers and flying Belgian flag

– Categorized as public ship of war under the convention signed between the Queen of the UK and the King of Belgian

• Consequently, it was exempted from the process of law and all private claims

(5)

Diplomatic Immunity :

• Representation of states

• Customary international law >> the 1961VC on Diplomatic Relations

• Foreign missions and personnels

• Mutual consent >> no right to diplomatic relations

(6)

Diplomatic and Consular Staff Case

1980

• The US v. Iran

• Nov 4, 1970, demonstration hundreds of armed individuals seized the US embassy in Tehran

• Archives and documents were seized and 52 americans were taken as hostages

(7)

• Diplomats enjoy free movement and travel subject to laws regulating entry into certain areas for national sec. reason

(8)

• Diplomatic agents enjoy immunity from criminal, civil and administrative jurisdiction • Art 31 (1) Exceptions :

– Any act relating to private immovable property situated in the RS

– Act relating to succession

(9)

• Art 31 (2) >> Not obliged to give evidence as a witness

(10)

Arrest Warrant Case ;

ICJ, 2000

• Congo v. Belgium

• Belgium issued an arrest warrant in absentia for Y. Ndombasi

• War crimes >> racial hatred • Not a Belgian national

• Not in the territory of Belgium when issued • No Belgian victim

• Belgium failed to upheld the inviolability under international law