5: immunities

Question 1

what is the sources of immunities

Answer 1

CIL, derived from sovereign equality of states

Question 2

what are the 2 types of immunity (and what are the subdivisions ?)

Answer 2

• state immunity: as abstract, or as representative
• diplomatic immunity

Question 3

talk about the state immunity as an abstract entity

Answer 3

immunity only for acte jure imperil acts = for sovereign acts, not for acta jure gestions acts (= commercial/private acts)

Question 4

how can I distinguish acta jure imperil acts and acta jure gestions acts ?

Answer 4

private individual test: can the act be performed by an individual ?

Question 5

talk about the immunity as state representative

Answer 5

rations personae immunity for head of state, of government and minister of foreign affairs: both official and private acts, committed before and while office

ratione materiae for the others: only public acts, but applies after the representative leave his positions in respect of public acts committed while in public service

Question 6

T/F immunities can always be waived

Answer 6

true

Question 7

T/F immunities apply before international courts

Answer 7

false