In the late 1980s, a winding series of drug trafficking charges against the then de facto leader of Panama, General Manuel Noriega, led the US government to seek his arrest, following a controversial military intervention into Panama, and trial before a US court. The rejection of his entitlement to foreign official immunity by the US District Court for the Southern District of Florida (a verdict affirmed by the Eleventh Circuit Court of Appeals) culminated in an unprecedented decision at the time – long-term imprisonment of the Panamanian strongman in the United States. Not only did the Noriega court pave the way for subsequent prosecutions of top-tier state officials involved in drug trafficking in the United States, but it also brightly reverberated in the scholarly writing of successive decades concerning matters of head-of-state immunity. It also gained international notoriety and was hailed to be a “triumph for diplomacy and a triumph for justice.”

International law on immunities consists of a body of procedural rules that limit when a state may exercise jurisdiction within its territory. These procedural rules could prevent a domestic court from exercising jurisdiction in a case involving a foreign state, a foreign state official, or an international organization. These rules could also prevent a police officer from exercising jurisdiction by arresting and detaining a foreign diplomat or a minister of foreign affairs. International law bars the exercise of jurisdiction in such situations, either because the exercise of jurisdiction would threaten the equality of sovereign states or because the capacity of the individual or organization to carry out their functions would be compromised. This chapter begins with the law on state immunity, which has evolved over the centuries from an absolute doctrine to a more restrictive one, which permits exceptions, in particular when states engage in commercial activities. The chapter introduces the immunities that apply to all individuals who serve as state officials, whether they serve as relatively low-level civil servants or as the president or prime minister. The chapter also deals with two special regimes, one governing diplomatic and consular agents who serve abroad, and the other governing international organizations.

The law of neutrality introduces a concomitant set of rights and obligations between belligerents and neutrals. The law as it has settled at the turn of the twentieth century has remained the same in relation to its basic principles, and it has easily adapted to the evolution of the law of the sea, globalized trade and arms technology. The intrusiveness of belligerent practice in the form of exclusion zones, navicerts and distance blockade has become part of the law provided that it does not deviate from the humanitarian law of armed conflict. Moreover, the four Geneva Conventions and the First Additional Protocol admit a humanitarian role for neutral States.

International law on immunities consists of a body of procedural rules that limit when a state may exercise jurisdiction within its territory. These procedural rules could prevent a domestic court from exercising jurisdiction in a case involving a foreign state, a foreign state official, or an international organization. These rules could also prevent a police officer from exercising jurisdiction by arresting and detaining a foreign diplomat or a minister of foreign affairs. International law bars the exercise of jurisdiction in such situations, either because the exercise of jurisdiction would threaten the equality of sovereign states or because the capacity of the individual or organization to carry out their functions would be compromised. This chapter begins with the law on state immunity, which has evolved over the centuries from an absolute doctrine to a more restrictive one, which permits exceptions, in particular when states engage in commercial activities. The chapter introduces the immunities that apply to all individuals who serve as state officials, whether they serve as relatively low-level civil servants or as the president or prime minister. The chapter also deals with two special regimes, one governing diplomatic and consular agents who serve abroad, and the other governing international organizations.