CYIL 2012

INTERNATIONAL LAW ON IMMUNITIES ACCORDED TO HIGHǧRANKING STATE OFFICIALS often called the “forum state”. 3 The state itself is a legal person that has a particular status of immunity by reason of its sovereign character. The maxim “ par in parem non habet imperium” dictates the principle that all states are considered equally sovereign, which makes it impossible for one state to assume jurisdictional powers over another. Another important principle is the concept of non-interference or independence, which demands that the substance and the exercise of the public governmental functions of states should be protected. 4 Sovereignty, as a matter of principle, includes the right of states to freely determine, without external interference, their political status and to pursue their economic, social and cultural development. 5 State immunity is not governed by any international convention yet, 6 but it has been recognised as a rule of international customary law for example in the Arrest Warrant case . 7 Diplomatic immunity is the most well-defined and well-developed area of immunities. It has been a longstanding feature in the international legal system, which evolved from state immunity. 8 Diplomatic relations have been practiced since ancient times when kings and other head of states appointed their agents to represent their interest in other countries for the purposes of establishing relations between states. 9 The development on the right of diplomatic immunity contributes to friendly relations among states. Diplomatic immunity allows state representatives to conduct their functions without the risk of being exposed to national proceedings. Once the sending state accredits a person as a diplomat to the receiving state, that person is immune with respect to acts in the exercise of his functions. 10 The receiving state may neither arrest nor detain the diplomat. The diplomat is immune from criminal laws as well as from most civil and administrative jurisdiction. 11 These rights normally cease when the person leaves the state. 12 Diplomatic immunities and privileges are personal in the sense that they are enjoyed by individuals. “Consular immunity” or quasi-diplomatic immunity is another type of immunity enjoyed by consuls. Consular officials are not diplomatic agents and they enjoy only a limited degree of immunity in respect of their official functions. 13 Although diplomats and consuls do work hand in hand to create foreign relations between states, they have a different role not only in function but also in the immunities and privileges they are afforded. 3 Peter Malanczuk: Akehurst’s Modern Introduction to International Law, p. 1. 4 Jürgen Bröhmer: State Immunity and the Violation of Human Rights, p. 11. 5 Rebecca M.M. Wallace and Olga Martin-Ortega: International Law, p. 137-138. 6 There is the 2004 United Nations Convention on the Jurisdictional Immunities of States and their Property, but it has not yet come into force. 7 International Court of Justice (ICJ) case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), I.C.J. 2002, Reports 1, (hereafter the Arrest Warrant Case). 8 Alina Kaczorowska: Public International Law, p . 399; Malcolm N. Shaw: International Law , p. 750. 9 Diplomacy has been practiced for countless years and its roots go back to Ancient Greek and the formation of the first city-states. G.R. Berridge: Diplomacy: Theory and Practice, p. 2. 10 Sean D. Murphy: Principles of International Law, p. 259.

11 Article 31(1) of the 1961 Vienna Convention on Diplomatic Relations. 12 Article 39 of the 1961 Vienna Convention on Diplomatic Relations. 13 Alina Kaczorowska: Public International Law, p . 356 and 407.

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