Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Immunities: Immunities enjoyed by state officials - Essay Example

Comments (0) Cite this document
Immunities Enjoyed by State Officials from International Criminal Prosecution I. Introduction Statutes on immunity are important in international law. States can invoke the statutes to prevent that arrest of their personnel and the statutes can be instruments for peace to keep negotiations ongoing among countries…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.6% of users find it useful
Immunities: Immunities enjoyed by state officials
Read Text Preview

Extract of sample "Immunities: Immunities enjoyed by state officials"

Download file to see previous pages In addition, the work also examines the implications of the UK State Immunity Act of 1978. II. International Statutes on Immunity and UK’s State Immunity Act of 1978 Some of the more important international statutes on immunity are the 1948 Conventions for the Prevention and Punishment of the Crime of Genocide, the 1961 United Nations Vienna Convention. In the UK, the State Immunity Act of 1978 is an important statute on immunity of state officials from prosecution. 1. 1948 Convention for the Prevention and Punishment of the Crime of Genocide Article 4 of the 1948 Convention for the Prevention and Punishment of the Crime of Genocide states that persons committing genocide, conspiracy to commit genocide, directing and inciting the public to commit genocide, attempting to commit genocide, and have involve themselves in genocide shall be punished, “whether they are constitutionally responsible rulers, public officials, or private officials.” It follows from the 1948 UN Convention that state officials are subject to prosecution for genocide. However, the 1948 UN Convention does not say if countries can unilaterally arrest state officials for alleged involvement in genocide. Section 9 of the 1948 Convention prescribed that issues involving the responsibility of a State for genocide should be submitted to the International Court of Justice. 2. The 1961 United Nations Vienna Convention on diplomatic relations The 1961 United Nations Vienna Convention agreed on several points on immunity. First, under article 29, diplomatic agents are considered not liable to any form of arrest or detention and receiving states are even required to treat them with respect and prevent attacks on their persons. Second, under article 31, private residences, including papers and correspondences of diplomatic agents, are required to be protected by receiving states. Third, under article 31, diplomatic agent enjoys immunity from criminal, civil, and administrative jurisdiction except in relation to “private immovable property” in the receiving state. Fourth, under article 32, immunity of diplomatic agents may be waived by the sending state. Fifth, under article 35, diplomatic agents are exempt from all personal services in favour of the receiving states. Fifth, under article 37, members of the technical and administrative staff of a mission, together with their families, enjoy privileges and immunities enjoyed by diplomatic officials but the immunity do not extend to acts outside of their official duties. Sixth, under article 39 point 2, persons enjoying immunities shall enjoy the immunities even when their functions have ended until the moment that they have left the country within a reasonable expiration period even in an armed conflict. Seventh, under article 39 point 3, members of the family of members of a diplomatic mission shall enjoy immunity until they have left the country or until a reasonable expiration period even when the member of the diplomatic mission has died. Eight, under article 40, third States are required to provide to official communication and correspondence the same protection provided by receiving states, including messages in code or cipher. Ninth, under article 41 point 2, members of missions enjoying privileges and immunities shall have the duty to respect the laws and regulations of receiving states and are required not to interfere in the internal affairs ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Immunities: Immunities enjoyed by state officials Essay”, n.d.)
Retrieved from
(Immunities: Immunities Enjoyed by State Officials Essay)
“Immunities: Immunities Enjoyed by State Officials Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Immunities: Immunities enjoyed by state officials

Has Government by States Given Way to Inter and Non-State Governance

The application of theories related to the state and its governance can be proved very helpful towards the creation of an effective and well-structured state. However, the phenomenon of a ‘subjective’ interpretation of the above theories is common especially when there are specific targets that need to be achieved by the interested parties (usual participants in a state’s political or social life). For this reason, it is necessary that specific rules and guidelines are followed when studying and interpreting the views of theorists regarding the position, the role and the power of the state.

Within the state, there are many ‘political’ and ‘social’ forces that try to impose their...
10 Pages (2500 words) Report

The State and the Impact That Homelessness Has on Children in Miami-Dade

Miami-Dade County has the highest homeless rate in the State of Florida. It ranks first in ‘families living in poverty’ among 25 major US cities (JLM, n.d.). Poverty and high rate of rentals have been considered the two main causes of homelessness. As much as 83% of people experience homelessness for a short period and usually require assistance in finding housing or rent subsidy. About 17% of the people in Miami-Dade are homeless for longer periods and require permanent supportive housing. The total number of homeless persons on the street in January 2006 was 4709 ( Fluctuations in the homeless count can occur depending upon the weather, time of the year and the methodology.

Florida accounts f...
6 Pages (1500 words) Essay

FP Iran V. Secretary of State for the Home Department

...Running Head: FP (IRAN) V. SECRETARY OF FOR THE HOME FP (Iran) V. Secretary of for the Home Department of Institution) Critical Assessment of significance of the case of “FP (Iran) V. Secretary of State for the Home Department” in the development of Administrative Law Introduction With the advent of civilisation and the law making process, it has been the endeavour of man to ensure that Rule of Law prevails in all decisions made in disputes. Judges have accepted time and again that just as everybody has certain rights that are subject to prevailing laws, so also all officials upholding the law have a responsibility to ensure that they shall not commit any act without proper justification. Administrative Law is a set of governing principles...
8 Pages (2000 words) Assignment

The State of Racism and the Criminal Justice System in Britain

Catholics are known to be active, intelligent, and less reactionary than colonizers in Northern Ireland; these features are racial in nature; as Africans can not change their skin color, similarly, natives can not change their inherent race features.
According to BBC News (20 May 2002), Britain is a racist society. The results of a large scale survey conducted by BBC News Online suggest that more than half of British citizen thinks of the society as racist. Although the tolerance level of people has increased with the times' racism is more common in the workplace – about one in three blacks and Asians complain of losing a job opportunity because of racism. Again, the opinion is corroborated by 52% whites and 53% blacks...
9 Pages (2250 words) Assignment

Is The State as Actor Losing Its Primacy in International System

In later times, more specifically during the eighties and nineties and to date, the state has lost its importance regarding its international role in peacemaking and somewhere in the framing of international relations. The change in polarity involves more than one reason - from the shift in the planned economy to the free-market mechanism at the background of globalization, the increasing onslaught of terrorism, enfeebling a nation’s security, etc. This change in polarity involves more than one reason - from the shift in the planned economy to the free-market mechanism at the background of globalization, the increasing onslaught of terrorism, enfeebling a nation’s security, etc. 

The peace of Westphalia...
8 Pages (2000 words) Term Paper

Has Austria Abided by the Austrian State Treaty and Its Neutrality Policy on Bosnia and Its Entry to the EU

With the evolution of humans and territories, new political setups or governance came into being with set rules and regulations, to rule cities, provinces or states and important countries. Most or some of those set rules and regulations to govern countries are brought out as a result of treaties. So, a treaty (an agreement officially signed by countries, international organizations, etc) allows certain actions and restricts certain other actions for the effective functioning of the countries. So, this paper will analyze whether Austria has abided by the Austrian State Treaty and its policy on neutrality while dealing with the conflict in Bosnia, and during its entry into the European Union and its aftermath.
In the post Seco...
6 Pages (1500 words) Term Paper

Self-Defence against Non-State Actors

Prior to 1945, there was no unified international prohibition on a unilateral resort to force and the UN Charter sought to radicalize international politics through a general prohibition on the use of unilateral force by member states. The prohibition was officially enshrined in Article 2(4) of the Charter, which provides that:
“All member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations”(UN Charter Article 2(4) 1945).
Despite the purported ban on the unilateral use of force, the parameters of Article 2(4)’s applicabili...
15 Pages (3750 words) Assignment

Health Needs Assessment among Internally Displaced People in Southern Darfur State

In the recent past, Sudan has gone through a very serious humanitarian crisis, rated by as among the worst in the world. This crisis has led to thousands of Sudanese being displaced from their homes. The crisis was a series of civil wars that have characterized the Southern Sudan regions, and quite recently the Darfur region. The conflict in the Darfur region is among the most recent crises in Sudan and has as a result drawn global attention. According to the UN, the Darfur conflict emerged as the worst crisis in the year 2003 as far as humanitarian aspects are concerned (UNEP/OCHA, 2004 pp 6).

So far, the Darfur crisis has led to the internal displacement of more than two million citizens. In the year 2008, the UN esti...
11 Pages (2750 words) Term Paper

What Are the Most Important Factors in Explaining the Rise of the Modern State

Though the existence of the state can be felt in different walks of everyday life, yet it is an intangible whose nature is impossible to grasp. As a political institution, state embodies the concept of sovereignty. Devetak (2007) describes it as a political unit or a country that possesses sovereignty. State can thus be described as a single, unified whole confined within territorial borders. The state is built in a core geographical area with allowances to a certain extent on the boundaries. According to Strayer (1970), a state exists in the hearts and minds of the people. The collective personality of the state renders it immortal. The state is a multi-faced concept that is fuzzy around its edges. Consequently, we cannot develop...
6 Pages (1500 words) Essay

Why Had Socio-Economic Rights Enjoyed Less Prominence than Civil Rights in Modern European History

Socio-economic rights are different from civil rights in so many ways. Specifically, the socio-economic rights focuses on fourteen human rights including (1) the right to have a family; (2) right to have decent job and choices of employment; (3) right to own properties; (4) right to have access to good right to education; (5) right to proper nutrition; (6) right to social security; (7) right to social and medical assistance; (8) right to social welfare benefits; (9) right to health protection; (10) right to have good standard of living; (11) right to be respected and protected by the family; (12) right to receive social welfare benefits; (13) right to have moral protection; and (14) right to enjoy science and culture (United Natio...
7 Pages (1750 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Immunities: Immunities enjoyed by state officials for FREE!

Contact Us