LCP 4801 ASSIGNMENT 1

Personal immunity is status-based immunity that applies to certain state officials in high positions who are recognized under international law as representatives of the State solely by virtue of their office.1 Personal immunity (ratione personae), is an international law concept that bars the jurisdiction of courts over certain high-ranking state officials. 2 It is only available for the duration of the individual’s time in office. This immunity has been upheld in jurisprudence for Heads of State and Ministers of Foreign Affairs as a principle of international law.3 It extends to both private and official acts and prevents foreign courts from exercising jurisdiction over an official both civilly and criminally, including the acts of the individual prior to taking office.4 The International Court of Justice (ICJ) further elaborated on personal immunity in the Arrest Warrant case, stating that the “holders of high-ranking office in a State, enjoy immunities from jurisdiction in other States, both civil and criminal.”5 In Djibouti v France, the ICJ reaffirmed its holding in Arrest Warrant and ruled that a Head