Also known as: head-of-state immunity · heads of state immunity · sovereign immunity · immunity ratione personae
Written by attorneys · grounded in primary & secondary sources — see below
A principle of international law shielding a sitting head of state from prosecution in foreign national courts for official acts performed while in office.
Select any source to read its text and confirm it supports the definition.
Hamid Hassan, the sitting president of a foreign nation, faces charges in a U.S. court for ordering military actions during an official state visit. The court dismisses the case because the conduct occurred in his official capacity and he remains in office.
Hakim Hall, no longer in office, is arrested in the United Kingdom on a Spanish warrant alleging torture committed while he was head of state. The court denies immunity because the acts cannot qualify as official functions.
Harold Hunt, former president of his country, is tried before an international court for aiding rebel forces in exchange for resources. The tribunal rejects his head of state immunity defense and proceeds to conviction.
Hector Huerta, a former head of state, is prosecuted in a foreign court for crimes against humanity. The court holds that immunity ended with his departure from office and the acts were not legitimate state functions.
Henry Hoffman, a sitting head of state, is indicted by an international tribunal for war crimes. The tribunal exercises jurisdiction despite a claim of head of state immunity raised under national law.
Hazel Hoffman, president of a state party to an international statute, is brought before the court on charges of mass atrocities. The court rules that ratification of the statute waived any head of state immunity that might otherwise apply.
Immunity from personal jurisdiction ends when the person leaves office, though subject-matter immunity for official acts may persist in some cases.
No. Courts have held that such acts cannot constitute official state functions and therefore fall outside the protection of head of state immunity.
Yes. States that ratify the Rome Statute agree to abrogate immunities that would otherwise protect their officials before the International Criminal Court.
…between local government officials, such as the CLEO's who brought this action, and state entities that are entitled to sovereign immunity. To my knowledge, no one has previously thought that the distinction "disembowels," ante , at 931, the Eleventh Amendment.[^maj-28] Importantly, the majority either misconstrues or…