Abstract

In recent years, national and international courts have grappled with the questions of foreign state immunity and foreign official immunity from domestic jurisdiction over claims arising from human rights abuses committed under color of foreign law. Foreign state immunity involves the immunity ratione personae of the state as a juridical person, as well as that of the state’s agencies, instrumentalities, and political subdivisions. Foreign official immunity involves the immunity ratione personae of incumbent heads of state and diplomats, as well as the immunity ratione materiae of other current and former officials for acts performed in the scope of their official duties.

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