DANCEST 805 Lecture Notes - Lecture 13: Foreign Sovereign Immunities Act, Absolute Immunity, Justiciability
Document Summary
Immunity from jurisdiction describes the doctrines developed in domestic courts to avoid infringements on sovereignty. Exemption from local jurisdiction often exists in relation to e. g. driving offences, but it also has important policy implications for acts that are international crimes. Hr and criminal law challenge immunities by questioning whether violations of peremptory norms should be susceptible to immunity. Not recognizing immunity in case of serious crimes would promote hr. However, icj perceives immunities, hr, and even ius cogens as not linear a state isn"t deprived of state immunity because it"s accused of hr violations. 9. 2. 1: origins and development: defining an act of state". Immunities of the state are different from immunities of state officials! International comity emerged in the period of absolute monarchies; foreign sovereigns are inviolable and immune from jurisdictions of local courts when visiting another state, diplomats were inviolable too.
