Immunity of Heads of State in the United States

Basic Rules of Foreign Sovereign Immunities Application

Other types of immunity

According to research about Immunity of Heads of State from the Federal Judicial Center:Foreign sovereign immunity differs from, but is sometimes confused with, head of state immunity as well as diplomatic and consular immunity. In U.S. law, head of state immunity arises from rules of customary international law and applies to individual heads of state and government and certain other individuals (such as foreign ministers).14 Former heads of foreign states are entitled to a more limited form of immunity.15 By contrast, diplomatic and consular immunities are based on treaty law and apply to individual representatives of foreign governments (e.g., ambassadors, embassy officials, consuls) who have been duly accredited to the Department of State.16 The immunities of most international organizations in the United States are governed by separate instruments.17 International organizations themselves will not meet the definition of a “foreign state,” and the immunities they enjoy in U.S. law typically flow either from a relevant treaty obligation (such as the Convention on Privileges and Immunities of the United Nations) or from the International Organizations Immunities Act, not from the FSIA.18 Foreign-owned works of art on loan to U.S. museums are generally covered by a separate statute, the Immunity from Seizure Act (22 U.S.C. § 2495), but occasionally have been the subject of actions under the “expropriation” exception to the FSIA.See also Immunity from seizure.

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Popular Topics related with Immunity of Heads of State

• Foreign Immunity
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