Chapter 7 Outline answers to essay questions

Chapter 7 Outline answers to essay questions

Immunity


You should start off by discussing the various types of immunities afforded under international law to physical persons—that is, personal and functional. You should always analyse these by reference to available case law. Your second section should discuss the immunity afforded to former heads of State, with particular reference to the Pinochet case before the House of Lords, and explain the reasons offered there as to the absolute immunity of incumbent heads as opposed to the relative immunity of former heads. It is also worth while criticizing the narrow approach taken by the Lords and whether customary law could have played a more significant role in relation to Pinochet’s liability for torture and crimes against humanity prior to the enactment of torture in English law. Your final section should discuss, in the absence of a personal immunity, whether former heads of State enjoy a functional immunity and, if so, what this consists of. If they do enjoy this type of immunity, then it must contain the same conditions and criteria as the functional immunity enjoyed by all agents of the State.

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