Examples of using Immunity ratione in English and their translations into Spanish
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Official
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Colloquial
Thus, this is not a prolongation of immunity ratione personae or a residual enjoyment of any part thereof, but rather an application of the general rules governing immunity ratione materiae.
The Court's dictum has also been viewed as a potential cause of uncertainty among States as to the current status of international law with regard to immunity ratione materiae in respect of crimes under international law.
From this logic it also follows that immunity ratione materiae can scarcely be affected by the nature of an official's or a former official's stay abroad, including in the territory of the State exercising jurisdiction.
was that of the immunity of Djiboutian officials enjoying immunity ratione materiae from being summoned as witnesses.
The distinction between immunity ratione personae and immunity ratione materiae was key,
Canadian law recognized the distinction between immunity ratione personae and immunity ratione materiae and, depending on the context,
Although the previous Special Rapporteur had noted that immunity ratione personae and immunity ratione materiae differed in terms of their legal repercussions for the subject of immunity,
With regard to the distinction between immunity ratione personae and immunity ratione materiae, article 16 of the Dutch International Crimes Act(2003)
also applies in the context of immunity ratione materiae of State officials.
there may be some factors that may need to be taken into account in determining whether a rule of customary law has indeed emerged which provides an exception to immunity ratione materiae from foreign criminal jurisdiction in respect of crimes under international law.
Nor would I accept that it was an implied term of the Torture Convention that former heads of state were to be deprived of their immunity ratione materiae with respect to all acts of official torture as defined in article 1.
it was applicable to immunity ratione materiae or also to immunity ratione personae.
the possibility of exceptions to immunity ratione materiae should such an act be contrary to jus cogens norms.
As the Commission noted in the commentaries to article 2, paragraph 1(b)(v), of the draft articles on jurisdictional immunities of States and their property, immunity ratione materiae is granted"by reason of the activities or the official functions of[State] representatives.
The view has nonetheless been expressed that, while immunity ratione personae indeed relates to procedural law, immunity ratione materiae would rather be"a substantive defence",
As G. P. Buzzini notes,"excluding in general terms ultra vires acts from the scope of immunity ratione materiae from foreign criminal jurisdiction would be problematic, since this might lead to defeating
that some considerations that relate to immunity ratione personae would be relevant in respect of immunity ratione materiae.
nature of these immunities, generally seems to conceive immunity ratione personae as an autonomous type, while immunity ratione materiae is often linked to the doctrine of State immunity. .
of international law-- in particular, those entailing the criminal responsibility of the individual under international law-- would still qualify as"official acts" in respect of which State officials would enjoy immunity ratione materiae.
There appears to be wide doctrinal support for the proposition that, contrary to immunity ratione personae, which accrues to a limited number of high-ranking State officials, immunity ratione materiae is enjoyed by State officials in general,