Abstract

Immunity from execution means that the criminal court verdict against a natural person who is resident in the country as a foreign government’s representative is not enforceable. Its philosophy is the good performance of diplomatic missions and compliance with the general principle of the sovereignty of states whereby no state should be judged by another state or another state’s laws are applied to it. Despite some views that under certain circumstances and with certain existential context continue to invoke the immunity, there is no doubt that the dominant approach of courts in civilized societies is to accept the immunity of property and governing activities of states and to reject their immunity about their possessive properties and activities. Here we review some proceedings which can clearly demonstrate through argumentative and legal bases that the sovereignty of the politics over the law and justice is already over.

The following cases will be examined in this study: Swiss company NOGA vs. Russian Federation, the US company Creighton vs. the State of Qatar, Swiss company Ektimon vs. the Government of the Socialist Republic of Libya, and the Central Bank of Iran vs. Peterson.

This work is licensed under a Creative Commons Attribution 4.0 License.