Assignment of Law

Immunity from Jurisdiction

The concept of jurisdiction is derived from the concept of sovereignty, and is connected with the principles of equality and non-interference in domestic affairs of other States. The grounds for jurisdiction are related to the duty of a State under International Law to respect the territorial integrity and political independence of other States. Immunity from jurisdiction is grounded on this duty, and constitutes derogation from the host State jurisdiction. Under International Law, immunity from jurisdiction is granted to certain persons, namely States (sovereigns) and their diplomatic and consular representatives, and international organizations.

(1) Sovereign Immunity

In International Law, sovereign immunity refers to the legal rules and principles determining the conditions under which a State may claim exemption from the jurisdiction of another State.Sovereign immunity is a creation of customary International Law and derives from the principles of independence and equality of sovereign States; since States are independent and legally equal, no State may exercise jurisdiction over another State without its consent. It is a limitation imposed by International Law upon the sovereignty of a State. Although rules of sovereign immunity form part of customary International Law, today they are incorporated either in international treaties, such as the 1972 European Convention on State Immunity,or in national statutes of certain States, such as the 1976 U.S Foreign Sovereign Immunities Act and the 1978 U.K State Immunities Act.
Historically, the head of a State (a sovereign) was associated with the State. Originally, both of them enjoyed under customary International Law absolute immunity, in all areas of their activities, from the jurisdiction of another State. While the head of a State continues today to enjoy such absolute immunity, even for his private activities, a State nowadays enjoys only qualified (restrictive) immunity. Under the qualified immunity, a State enjoys immunity only in respect of its governmental acts (acts jure imperii), not in respect of its commercial acts (acts jure gestionis). In practice, sovereign immunity arises on two levels. The first level concerns the immunity of a State from the jurisdiction of courts of another State; courts of a State cannot adjudicate a claim against a foreign State. The second level concerns the immunity of a State from the execution of enforcement measures undertaken by courts of another State.

Sovereign immunity covers the head of a State as well as the State itself, its government, its departments, and its agencies. It embraces the acts of these entities, their property and assets. This immunity may, however, be voluntarily waived by a State. A State may waive its immunity from jurisdiction and consequently submits itself to the jurisdiction of a foreign court. However, such submission (waiver of jurisdictional immunity), although gives the court of a State the competence to adjudicate and enter a judgment against a foreign State, it does not authorize the execution of the court’s decision against such State. In case of execution, another waiver is needed, namely a waiver of immunity from execution. Waiver must be express; however, implied waiver is accepted if indicated by the circumstances.

(2) Diplomatic Immunity

The rules of diplomatic immunity are the most accepted and uncontroversial rules of International Law. They are essential for the maintenance and efficient conduct of relations between States. Prior to the 1961 Vienna Convention on Diplomatic Relations, diplomatic law, especially privileges and immunities were based upon custom as well as contained in bilateral treaties and national statutes. Nowadays, most of the modern law of diplomatic immunity is contained in the 1961 Vienna Convention on Diplomatic Relations which both codified existing customary law and established others.

Under this convention, “a diplomatic agent” (the head of the mission and any member of the diplomatic staff of the mission) enjoys complete immunity from the criminal jurisdiction of the receiving State;also, he enjoys immunity from its civil and administrative jurisdiction, except in the case of real action relates to private immovable property situated within the receiving State, action related to succession matters in which he is involved as a private person, and action related to professional or commercial activity, in the receiving State, outside his official functions. No measures of execution may be forced upon him, except in the above mentioned cases. He cannot be obliged to give evidence as a witness. His person is inviolable. He cannot be arrested or detained. All appropriate steps should be taken by the receiving State to protect him and prevent any attack on his person, freedom and dignity. He is exempt from all dues and taxes, except in certain cases. The premises of the mission and the private residence of a diplomatic agent as well as their archives, documents, papers, official correspondence and other property are inviolable.

A diplomatic agent enjoys immunity from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs.He also enjoys such immunity when passes through or is in the territory of a third State on proceeding to take up or to return to his post, or when returning to his own country. The immunity granted to a diplomatic agent is immunity from the jurisdiction of the receiving State and not from liability. He is not immune from the jurisdiction of the sending State. Moreover, he can be sued in the receiving state after a reasonable time elapses from the ending of his mission.

The immunity of a diplomatic agent from jurisdiction of the receiving State may be waived by the sending State. The waiver must be express. However, such waiver of immunity from jurisdiction does not imply waiver of immunity in respect of the execution of a judgment; in such case, a separate waiver is required. Immunity may also be waived by the diplomatic agent himself, by submitting voluntarily to the jurisdiction of the court of the receiving State. Members of the family of a diplomatic agent, if they are not nationals of the receiving State, likewise enjoy the same immunity from jurisdiction. The same immunity, with certain exceptions, is enjoyed by members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, if they are not nationals or permanent residents of the receiving State. Members of the service staff who are not nationals or permanent residents of the receiving State enjoy immunity only in respect of acts performed in the course of their official duties.

(3) Consular Immunity

A consular officer, like a diplomatic agent, represents his State in the receiving State. However, unlike a diplomatic agent, he is not concerned with political relations between the two States, but with a variety of administrative functions, such as issuing visas and passports, looking after the commercial interests of his State, and assisting the nationals of his State in distress. Thus, he is not granted the same degree of immunity from jurisdiction as a diplomatic agent.Notably nowadays, many States combine its diplomatic and consular services. Thus, a person who acts simultaneously as a diplomat and consul enjoys diplomatic immunity.

Under the 1963 Vienna Convention on the Consular Relations, a consular officer (the head of the consular post and any person entrusted to exercise consular functions) is immune from an arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.He is immune from imprisonment or any other restriction on his personal freedom save in execution of a final judicial decision. If criminal proceedings are instituted against him, he must appear before the competent authorities. The proceedings must be conducted in a manner that respects his official position and does not hamper the exercise of consular functions, and with the minimum delay.

A consular officer is immune from the jurisdiction of the judicial or administrative authorities of the receiving State only in respect of acts performed in the exercise of consular functions. He is exempt from all dues and taxes, except in certain cases.In addition, the consular premises, archives and documents are inviolable.A consular officer enjoys the immunities from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties. The same immunities are enjoyed by members of the family of the consular officer from the date which he enjoys his immunities. The immunities of a consular officer may be waived by the sending State. The waiver must be express. However, the waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings does not imply waiver of immunity from the execution of a judicial decisions; in such case, a separate waiver is required. Immunity may also be waived by the consular officer himself, by submitting voluntarily to the jurisdiction of the court of the receiving State.

(4) Immunities of International Organizations

It is uncertain which immunities and to what extent international organizations enjoy under customary International Law; the position of this law is far from clear.Actually, immunities are granted to international organizations by treaties, or by headquarters agreements concluded with the host State where the organization is seated.

The purpose of immunity granted to international organizations is purely functional. Immunity is regarded as functionally necessary for the fulfillment of their objectives. It is not a reflection of sovereignty, as it is in case of a State, except only indirectly when aiming to protect the interests of the member States of the organization.Probably the most important example of treaties providing immunities to international organizations is the 1946 General Conventions on the Privileges and Immunities of the United Nations, which sets out the immunities of the United Nations and its personnel. The United Nations enjoys complete immunity from all legal process.Its premises, assets, archives and documents are inviolable. It is exempt from direct taxes and customs duties. Its staff is exempt from income tax on their salaries.

The U.N Secretary General and the Assistant Secretaries General enjoy diplomatic immunity.Other staff members enjoy limited immunities, such as immunity from legal process in respect of their official acts.Representatives of member States attending the United Nations meetings are granted almost the same immunities as diplomats, except their immunity from legal process applies only to their official acts.

An example of treaties providing immunities to representatives of States in international organizations is the 1975 Vienna Convention on the Representatives of States in their Relations with International Organizations of a Universal Character. This treaty applies to representatives of States in any international organizations of a universal character, irrespective of whether or not there are diplomatic relations between the sending State and the host States.

Under this treaty, the representatives of States in universal international organizations enjoy similar immunities to those provided in the 1961 Vienna Convention on Diplomatic Relations. They enjoy immunity from criminal jurisdiction, and immunity from civil and administrative jurisdiction in all cases, save for certain exceptions. The mission premises, archives, documents and correspondence are inviolable.
Section 3: Immunity from Jurisdiction

The concept of jurisdiction is derived from the concept of sovereignty, and is connected with the principles of equality and non-interference in domestic affairs of other States. The grounds for jurisdiction are related to the duty of a State under International Law to respect the territorial integrity and political independence of other States. Immunity from jurisdiction is grounded on this duty, and constitutes derogation from the host State jurisdiction. Under International Law, immunity from jurisdiction is granted to certain persons, namely States (sovereigns) and their diplomatic and consular representatives, and international organizations.

(1) Sovereign Immunity

In International Law, sovereign immunity refers to the legal rules and principles determining the conditions under which a State may claim exemption from the jurisdiction of another State.Sovereign immunity is a creation of customary International Law and derives from the principles of independence and equality of sovereign States; since States are independent and legally equal, no State may exercise jurisdiction over another State without its consent. It is a limitation imposed by International Law upon the sovereignty of a State. Although rules of sovereign immunity form part of customary International Law, today they are incorporated either in international treaties, such as the 1972 European Convention on State Immunity,or in national statutes of certain States, such as the 1976 U.S Foreign Sovereign Immunities Act and the 1978 U.K State Immunities Act.
Historically, the head of a State (a sovereign) was associated with the State. Originally, both of them enjoyed under customary International Law absolute immunity, in all areas of their activities, from the jurisdiction of another State. While the head of a State continues today to enjoy such absolute immunity, even for his private activities, a State nowadays enjoys only qualified (restrictive) immunity. Under the qualified immunity, a State enjoys immunity only in respect of its governmental acts (acts jure imperii), not in respect of its commercial acts (acts jure gestionis). In practice, sovereign immunity arises on two levels. The first level concerns the immunity of a State from the jurisdiction of courts of another State; courts of a State cannot adjudicate a claim against a foreign State. The second level concerns the immunity of a State from the execution of enforcement measures undertaken by courts of another State.

Sovereign immunity covers the head of a State as well as the State itself, its government, its departments, and its agencies. It embraces the acts of these entities, their property and assets. This immunity may, however, be voluntarily waived by a State. A State may waive its immunity from jurisdiction and consequently submits itself to the jurisdiction of a foreign court. However, such submission (waiver of jurisdictional immunity), although gives the court of a State the competence to adjudicate and enter a judgment against a foreign State, it does not authorize the execution of the court’s decision against such State. In case of execution, another waiver is needed, namely a waiver of immunity from execution. Waiver must be express; however, implied waiver is accepted if indicated by the circumstances.

(2) Diplomatic Immunity

The rules of diplomatic immunity are the most accepted and uncontroversial rules of International Law. They are essential for the maintenance and efficient conduct of relations between States. Prior to the 1961 Vienna Convention on Diplomatic Relations, diplomatic law, especially privileges and immunities were based upon custom as well as contained in bilateral treaties and national statutes. Nowadays, most of the modern law of diplomatic immunity is contained in the 1961 Vienna Convention on Diplomatic Relations which both codified existing customary law and established others.

Under this convention, “a diplomatic agent” (the head of the mission and any member of the diplomatic staff of the mission) enjoys complete immunity from the criminal jurisdiction of the receiving State;also, he enjoys immunity from its civil and administrative jurisdiction, except in the case of real action relates to private immovable property situated within the receiving State, action related to succession matters in which he is involved as a private person, and action related to professional or commercial activity, in the receiving State, outside his official functions. No measures of execution may be forced upon him, except in the above mentioned cases. He cannot be obliged to give evidence as a witness. His person is inviolable. He cannot be arrested or detained. All appropriate steps should be taken by the receiving State to protect him and prevent any attack on his person, freedom and dignity. He is exempt from all dues and taxes, except in certain cases. The premises of the mission and the private residence of a diplomatic agent as well as their archives, documents, papers, official correspondence and other property are inviolable.

A diplomatic agent enjoys immunity from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs.He also enjoys such immunity when passes through or is in the territory of a third State on proceeding to take up or to return to his post, or when returning to his own country. The immunity granted to a diplomatic agent is immunity from the jurisdiction of the receiving State and not from liability. He is not immune from the jurisdiction of the sending State. Moreover, he can be sued in the receiving state after a reasonable time elapses from the ending of his mission.

The immunity of a diplomatic agent from jurisdiction of the receiving State may be waived by the sending State. The waiver must be express. However, such waiver of immunity from jurisdiction does not imply waiver of immunity in respect of the execution of a judgment; in such case, a separate waiver is required. Immunity may also be waived by the diplomatic agent himself, by submitting voluntarily to the jurisdiction of the court of the receiving State. Members of the family of a diplomatic agent, if they are not nationals of the receiving State, likewise enjoy the same immunity from jurisdiction. The same immunity, with certain exceptions, is enjoyed by members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, if they are not nationals or permanent residents of the receiving State. Members of the service staff who are not nationals or permanent residents of the receiving State enjoy immunity only in respect of acts performed in the course of their official duties.

(3) Consular Immunity

A consular officer, like a diplomatic agent, represents his State in the receiving State. However, unlike a diplomatic agent, he is not concerned with political relations between the two States, but with a variety of administrative functions, such as issuing visas and passports, looking after the commercial interests of his State, and assisting the nationals of his State in distress. Thus, he is not granted the same degree of immunity from jurisdiction as a diplomatic agent.Notably nowadays, many States combine its diplomatic and consular services. Thus, a person who acts simultaneously as a diplomat and consul enjoys diplomatic immunity.

Under the 1963 Vienna Convention on the Consular Relations, a consular officer (the head of the consular post and any person entrusted to exercise consular functions) is immune from an arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.He is immune from imprisonment or any other restriction on his personal freedom save in execution of a final judicial decision. If criminal proceedings are instituted against him, he must appear before the competent authorities. The proceedings must be conducted in a manner that respects his official position and does not hamper the exercise of consular functions, and with the minimum delay.

A consular officer is immune from the jurisdiction of the judicial or administrative authorities of the receiving State only in respect of acts performed in the exercise of consular functions. He is exempt from all dues and taxes, except in certain cases.In addition, the consular premises, archives and documents are inviolable.A consular officer enjoys the immunities from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties. The same immunities are enjoyed by members of the family of the consular officer from the date which he enjoys his immunities. The immunities of a consular officer may be waived by the sending State. The waiver must be express. However, the waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings does not imply waiver of immunity from the execution of a judicial decisions; in such case, a separate waiver is required. Immunity may also be waived by the consular officer himself, by submitting voluntarily to the jurisdiction of the court of the receiving State.

(4) Immunities of International Organizations

It is uncertain which immunities and to what extent international organizations enjoy under customary International Law; the position of this law is far from clear.Actually, immunities are granted to international organizations by treaties, or by headquarters agreements concluded with the host State where the organization is seated.

The purpose of immunity granted to international organizations is purely functional. Immunity is regarded as functionally necessary for the fulfillment of their objectives. It is not a reflection of sovereignty, as it is in case of a State, except only indirectly when aiming to protect the interests of the member States of the organization.Probably the most important example of treaties providing immunities to international organizations is the 1946 General Conventions on the Privileges and Immunities of the United Nations, which sets out the immunities of the United Nations and its personnel. The United Nations enjoys complete immunity from all legal process.Its premises, assets, archives and documents are inviolable. It is exempt from direct taxes and customs duties. Its staff is exempt from income tax on their salaries.

The U.N Secretary General and the Assistant Secretaries General enjoy diplomatic immunity.Other staff members enjoy limited immunities, such as immunity from legal process in respect of their official acts.Representatives of member States attending the United Nations meetings are granted almost the same immunities as diplomats, except their immunity from legal process applies only to their official acts.

An example of treaties providing immunities to representatives of States in international organizations is the 1975 Vienna Convention on the Representatives of States in their Relations with International Organizations of a Universal Character. This treaty applies to representatives of States in any international organizations of a universal character, irrespective of whether or not there are diplomatic relations between the sending State and the host States.

Under this treaty, the representatives of States in universal international organizations enjoy similar immunities to those provided in the 1961 Vienna Convention on Diplomatic Relations. They enjoy immunity from criminal jurisdiction, and immunity from civil and administrative jurisdiction in all cases, save for certain exceptions. The mission premises, archives, documents and correspondence are inviolable.

ইন্টারনেট এবং কম্পিউটার তথ্য সেন্টার স্বাগতম ইন্টারনেট এবং কম্পিউটার তথ্য সেন্টার-২০১১ ফেসবুকের ভিন্নভাষী বন্ধুর ভাষা English অনুবাদ করুন সহজেই

সবাই কেমন আছেন ? অনেকদিন পর টিউন করছি।টেকটিউনে আমার লগইন করার পাসওয়ার্ডই ভুলে গিয়েছিলাম।পাসওয়ার্ড ইমেইল দিয়েও কাজ হচ্ছিলো না।আমি যে ইমেইল দিয়ে টেকটিউন ব্যবহার করি সেটিও ভুল দেখানো হচ্ছে।জানি না কেন এরকম হলো।আর আমি এমন কোন টিউন করেছি বলে মনে হয় না যার জন্য টেকটিউন থেকে আমাকে ব্যান করবে।ভালো মন্দ কিছু সংখ্যক টিউন করেছি আগে,এখন সেই টিউনগুলোর সাথে  আর টিউন যোগ করতে পারবো না এটা মেনে নিতে পারছিলাম না।এভাবে প্রায়ই লগইন ব্যর্থ চেষ্টা করেছি।আজ কিভাবে যেন অবশেষে ঢুকে পড়লাম।আপাতত সামান্য একটা টিউন দিয়ে আমার পুর্নযাত্রা শুরু করি। সামাজিক যোগাযোগের জনপ্রিয় সাইট ফেসবুকের সাহায্যে আমরা অনেক সময় ভিন্ন ভাষী মানষের সাথে বন্ধুত্ব করি।কিন্তু অনেক সময় ভিনদেশী বন্ধুরা ফেসবুকে তাদের মাতুভাষা ব্যবহার করে।যার ফলে আমরা তাদের প্রোফাইল তথ্য,স্ট্যাটাস ইত্যাদি লেখা বুঝতে পারি না।জনপ্রিয় ব্রাউজার মজিলা ফায়ারফক্স ব্যবহার করে ইচ্ছে করলে আপনি যে কোন ভাষার লেখা অনুবাদ করে নিতে পারেন।এজন্য আপনার লাগবে Facebook Translate নামের একটি এ্যাডঅন।এ্যাডঅনটি  http://addons.mozilla.org/en-US/firefox/addon/159637/ ঠিকানা থেকে নামিয়ে নিন। এরপর ফায়ারফক্স রির্স্টাট দিন ।এখন ফেসবুকে লগইন করুন।খেয়াল করুন ফেসবুকে সকল স্ট্যাটাস,ওয়াল,ম্যাসেজ ইত্যাদির সাথে translate নামে একটি অপশন এসেছে।এই অপশনে ক্লীক করলে ভিন্ন ভাষার যেকোন লেখা   ইংরেজীতে অনুবাদ হয়ে যাবে। টিউনটি ভালো লাগলে/খারাপ লাগলে কমেন্ট করবেন।আর টিউনটি আগে হয়ে থাকলে আমার বলার কিছু নাই।

International war crimes of Bangladesh

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In world history, it is a great drama which is running in sahbag chatter. It is a questionable things that, is it have a moral foundation. Some person and some media make a comparison with tahrir square of Egypt. But when I see that comparison, a question arise my mind, which is- is the tahrir square and sahbag same? In tahrir square the people of Egypt struggle for their right but in sahbag we are struggle for death sentence for some people with the help of government. So it is a great drama of the world.