Immunity From Prosecution (international Law) - Personal Immunity

Personal Immunity

See also Diplomatic immunity

This type of immunity arises from customary international law and confers immunity on people holding a particular office from the civil, criminal, and administrative jurisdiction. This immunity is extended to diplomatic agents and their families while posted abroad (and is also valid for their transfer to or from that post, and is only valid for the country to which they are posted). Under personal immunity, private residence, papers, correspondence, and property of an official enjoying personal immunities are inviolable.

According to Cassese (2005), personal immunities are extended to cover personal activities of an official, including immunity from arrest and detention (though the host state may declare the person persona non grata), immunity from criminal jurisdiction, immunity from the civil and administrative jurisdiction of the host state. No immunities hold for private immoveable property unless held on behalf of the sending state for the purposes of the mission, issues of succession, professional or commercial activity exercised outside of official functions, or where the official has voluntarily submitted to the proceedings. Personal immunities cease with the cessation of the post.

This type of immunity is not for the official’s personal benefit but is based on the need for states to function effectively and hence not be deprived of their most important officials: Arrest Warrant Case.