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Immunity - Coggle Diagram
Immunity
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Concepts of Immunity
Immunity exempts specific categories of individuals and legal persons from the domestic jurisdiction of a state
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Entities granted immunities encompass: Sovereign states and their officials, Diplomat and consular agents of foreign states and international organisations and their officials
Sovereign/State Immunity
State immunity deals with the conditions under which a foreign state may claim exemption from the forum state's jurisdiction
The immunity extends to the adjudicative jurisdiction and encompasses civil and criminal proceedings
State immunity is a long established and universally recognised doctrine of customary international law.
Start of Immunity
Immunity starts from the moment of entry into territory (Article 37(1) Vienna Convention on Diplomatic Relations
Immunity ends when the individual who is no longer functioning in their diplomatic role, leaves the country or after a reasonable period (Article 39(1) Vienna Convention on Diplomatic Relations)
If a diplomat dies, their family retains immunity for a reasonable period to allow them to leave the country (Article 39(3) Vienna Convention on Diplomatic Relations)
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Inviolability
An individual who is inviolable: i.e. cannot be arrested or detained (Article 29 Vienna Convention on Diplomatic Relations)
The individual's private residence, papers, correspondence and property are also inviolable (Article 30 Vienna Convention on Diplomatic Relations)