Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- United Kingdom
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/2014/292
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 09/06/2014
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 09/06/2014
Harb v. Aziz
Author(ity)
High Court, Chancery Division
Date of the decision, of the judgment
09/06/2014
Points of law
1) During the period in which a head of state holds office, his immunity from suit at common law extends to all matters, whether official or private (immunity ratione personae), but, on ceasing to hold office during his lifetime or on death, his immunity from suit is thereafter limited to acts which constituted the performance of his official functions during his period in office (immunity ratione materiae).2) The underlying justification for state immunity is the notion that the head of state is the personal embodiment of the state itself. But a sovereign who dies in office, and is replaced either by hereditary succession or due process, does not remain the embodiment of the state once deceased, there being no room for two embodiments of the state in the doctrine.
