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- Lecture
- Related Materials
Mr. Chanaka Wickremasinghe
Legal Counsellor at the
Foreign and Commonwealth Office of the
United Kingdom of Great Britain and
Northern Ireland
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States
Immunity
The Function of Immunities and the Immunities of Governmental Functions in International Law
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States
Immunity
The Function of Immunities and the Immunities of Governmental Functions in International Law
A. Legal Instruments
European Convention on Human Rights, Rome, 4 November 1950, European Treaty Series, no. 005.
Vienna Convention on Diplomatic Relations, Vienna, 18 April 1961, United Nations, Treaty Series, vol. 500, p. 95.
Convention on Special Missions, New York, 8 December 1969, United Nations, Treaty Series, vol. 1400, p. 231.
European Convention on State Immunity, Basel, 16 May 1972, European Treaty Series, No. 074.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85.
B. Jurisprudence
International
International Court of Justice, Case concerning United States Diplomatic and Consular Staff in Teheran (United States of America v. Iran), Request for the indication of Provisional Measures, Order of 15 December 1979, I.C.J. Reports 1979, p. 19.
International Court of Justice, Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), Provisional Measures, Order of 8 December 2000, I.C.J. Reports 2000, p. 182.
International Court of Justice, Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France), Merits, Judgment, I.C.J. Reports 2008, p. 177.
International Court of Justice, Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Judgment, I.C.J. Reports 2012, p. 99.
European Court of Human Rights, Fourth Section, Jones and Others v. United Kingdom, no. 34356/06 and 40528/06, ECHR 2014.
National
House of Lords, Regina v. Bartle and the Commissioner of Police for the Metropolis and others Ex Parte Pinochet (on appeal from a Divisional Court of the Queen's Bench Division) / Regina v. Evans and another and the Commissioner of Police for the Metropolis and others Ex Parte Pinochet (on appeal from a Divisional Court of the Queen's Bench Division), 25 November 1998.
Supreme Court of the Netherlands, Prosecutor-General of the Supreme Court v. Desiré Bouterse, 18 September 2001, LJN: AB1471.
House of Lords, Jones v. Ministry of Interior for the Kingdom of Saudi Arabia & Ors [2006] UKHL 26.
Administrative Court, Khurts Bat and Mongolia (intervening) v. Investigating Judge of the German Federal Court and Secretary of State for Foreign and Commonwealth Affairs (intervening), Appeal decision, [2011] EWHC 2029, [2012] 3 WLR 180, [2011] All ER (D) 293, [2011] ACD 111, ILDC 1779 (UK 2011).
Federal Criminal Court of Switzerland, A. v. Office of the Attorney General of Switzerland, B. and C., 25 July 2012, no. BB. 2011. 140.
C. Documents
D. Doctrine
I. B. Wuerth, "Pinochet's Legacy Reassessed", American Journal of International Law, vol. 106, p. 731, 2012.
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