Foreign Sovereign Immunities
Act provided a statutory basis for his
And there are two types of immunities
involved: absolute or complete immunity (a diplomat is immune from all legal proceedings in his or her country of assignment) and limited immunity (a person is immune only with respect to those actions performed in connection with his or her consular-read: official-duties).
31) In response to these concerns, Congress passed the Foreign Sovereign Immunities
Act of 1976 (FSIA), (32) which transferred the foreign sovereign immunity decisionmaking function to the judiciary.
57) The third theory, the "representative character" theory or "representative of the sovereign" theory, contends that because diplomats represent and personify the sending states, they should have the same privileges and immunities
that their home country, as a sovereign nation, would have.
In support of their leader, the ultranationalist Ataka MPs have also collectively given up their immunities
strong the respective immunities
should be in practice.
Samantar moved to dismiss, claiming immunity under the Foreign Sovereign Immunities
Act (FSIA), 28 U.
Especially complicated are the topics of immunities
of the representatives of other states.
Their overall similarity can be easily appreciated by considering the US stance toward them (52) from the enactment of the Foreign Sovereign Immunities
Act of 1976, (53) or even from the Tate Letter, until quite recently in Samantar v Yousuf.
before the Foreign Sovereign Immunities
Act was one in which the U.
Kurbalija said the principle of UN agency bosses having immunity from prosecution was established in article six of the 1947 Convention on the Privileges and Immunities
of the Specialized Agencies, which states: "The executive head of each specialized agency.
Relations Act of 1978 (9) and the International Organizations Immunities
Act of 1945.
67) Belgium asserted that it was exercising its universal jurisdiction to try international crimes, and Belgian law did not recognize any special immunities
arising from any person's capacity as a foreign official.
The ICC recognizes none of the rights and immunities
protected by the Anglo-American legal tradition.
The modification, which concerns Article 6 of Parliament's staff regulations, includes two new elements: the first concerns the authorities in the Member States allowed to request the lifting of immunity, the second concerns scope for present and previous MEPs to ask the President to defend their privileges and immunities