Immunity from Jurisdiction :
Exceptions to the exercise of territorial jurisdiction :
• State Immunity
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
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
Diplomatic Immunity :
• Representation of states
• Customary international law >> the 1961VC on Diplomatic Relations
• Foreign missions and personnels
• Mutual consent >> no right to diplomatic relations
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
• Diplomats enjoy free movement and travel subject to laws regulating entry into certain areas for national sec. reason
• 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
• Art 31 (2) >> Not obliged to give evidence as a witness
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
