International law jurisdiction and immunity

  • Why do international organizations have immunity?

    The Member States have granted jurisdictional immunities to international organizations in order to facilitate the accomplishment of their objectives independently, economically, and free of the hindrances they could otherwise face under the jurisdiction exercised by the courts of a member state that would frustrate .

  • Jurisdiction. by Eugene M. Zoglio.
    Diplomatic immunity may be broadly defined as the freedom from local juris- diction accorded under international law by the receiving state to duly accredited diplomatic officers, their families, and servants.
At the international level, immunity is a tool that protects the sovereignty and independence of States by preventing them or their agents from being prosecuted before foreign courts. Individuals entitled to immunity from jurisdiction can thus avoid legal pursuit before national or international courts.
International law jurisdiction and immunity
International law jurisdiction and immunity

Form of legal immunity and a policy held between governments and tribunals

Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
It allows diplomats safe passage and freedom of travel in a host country and affords almost total protection from local lawsuits and prosecution.
Jurisdictional Immunities of the State  was a case

Jurisdictional Immunities of the State was a case

International Court of Justice decision

Jurisdictional Immunities of the State was a case concerning the extent of state immunity before the International Court of Justice.
The case was brought by Germany after various decisions by Italian courts to ignore the state immunity of Germany when confronted with claims against Germany by victims of Nazi-era war crimes.
The court found that Italy was wrong to ignore German immunity, and found that Italy was obligated to render the decisions of its courts against Germany without effect.

Legal doctrine

Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
State immunity is a similar, stronger doctrine, that applies to foreign courts.
In United States law

In United States law

Legal protection of federal, state and tribal governments

In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits.
Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort.
The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States.
The principle of sovereign immunity in US law was inherited from the English common law legal maxim la>rex non potest peccare, meaning the king can do no wrong. In some situations, sovereign immunity may be waived by law.
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states.
The rules relate to legal proceedings in the courts of another state, not in a state's own courts.
The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country.

Overview of witness immunity

Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence.


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