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Part IV Other Immunities, 18 Immunity of Individuals acting on behalf of the State

Hazel Fox, Philippa Webb

From: The Law of State Immunity (Revised and Updated 3rd Edition)

Hazel Fox, QC, Philippa Webb

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 May 2024

Diplomatic immunity — Diplomatic relations — Heads of state and other senior officials — Special missions — Act of state doctrine — Immunity from jurisdiction, ratione materiae — Immunity from jurisdiction, ratione personae — Customary international law — Peremptory norms / ius cogens — Jurisdiction of states, extra-territorial — Recognition

This chapter considers the immunities of individuals; including the head of State, head of government, the Foreign Minister, officials when on special missions, and other personnel in the service of the State to whom immunity is accorded. Immunity based on the nature of the act is sometimes called ratione materiae as compared to ratione personae, which is based on the status of the State that performs the act. But, given that, unlike the individual who may cease to serve, lapse of time is generally irrelevant to the State (who under the restrictive doctrine remains a State throughout), and in order to avoid confusion these terms are confined to immunity enjoyed by State officials.

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