Sovereign Immunity - International Law

International Law

Sovereign immunity is available to countries in international court. But if they are acting more as a contracting body (example: making agreements in regards to extracting oil and selling it), then sovereign immunity may not be available to them.

Under international law, and subject to some conditions, countries are immune from legal proceedings in another state. This stems from customary international law. The US recognizes this concept under the Foreign Sovereign Immunities Act (1976).

However on 3 February 2012 International Court of Justice ruled that ius cogens relating to international humanitarian law prevails confronting sovereign immunity in Case Germany v. Italy, Greece.

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