State Immunity

State immunity, also known as sovereign immunity, is a legal principle that grants immunity or protection to states from the jurisdiction of other states and their courts. It is based on the concept of sovereign equality and respect for the independence and dignity of states. State immunity serves as a safeguard to preserve the autonomy and integrity of states and promotes the smooth functioning of international relations.

Jurisdictional immunity: State immunity protects a state from being subject to the jurisdiction of another state's courts. It prevents a state from being sued in foreign courts without its consent. This immunity extends to various aspects, including civil and criminal proceedings, enforcement of judgments, and the execution of measures against a state's property.

Absolute vs restrictive immunity: There are two main approaches to state immunity, namely absolute immunity and restrictive immunity. Absolute immunity grants broad protection to states, shielding them from any form of jurisdiction, regardless of the nature of the case. Restrictive immunity, on the other hand, allows states to be subject to the jurisdiction of foreign courts in certain specific areas, typically commercial or private matters, while maintaining immunity in other areas.

Exceptions to state immunity: There are several recognised exceptions to state immunity, even under the principle of restrictive immunity. These exceptions typically involve cases where a state engages in commercial or private activities, or where the state has explicitly waived its immunity. For example, a state may be subject to jurisdiction in cases involving commercial contracts, employment disputes, or tort claims.

Diplomatic immunity: Diplomatic immunity is a specific form of state immunity granted to diplomats and diplomatic personnel. It ensures that diplomats can carry out their duties without fear of legal reprisals or interference by the host state. Diplomatic immunity covers both personal inviolability and immunity from criminal and civil jurisdiction.

International treaties and customary law: State immunity is governed by international law, including treaties and customary international law. The United Nations Convention on Jurisdictional Immunities of States and Their Property is a key international treaty that addresses issues related to state immunity. Customary international law also plays a significant role in shaping the rules and principles of state immunity.

State immunity is not absolute, and its scope and application can vary based on the specific circumstances, the nature of the case, and the jurisdiction involved. State immunity issues can be complex, and they often require careful analysis of relevant legal principles, treaties, and domestic laws.