International law Essay Example | Topics and Well Written Essays - 2250 words

International law - Essay Example 2002). Under the principle of restrictive sovereign immunity, states will only be immune from suit if it is exercising government functions but not when it is doing private acts or entering into commercial transactions (Tunks M. 2002). When the immunity of the state from suit is restricted, the immunity of its officials is also restricted. Accordingly, there are three distinct principles that involve the idea of the immunity of the head of state and other government officials who are visiting other countries like the United States. These three principles are the state sovereign immunity principle, the diplomatic immunity principle and the head of state immunity principle (Tunks 2002). The origins of the principle of head-of-state immunity derives from the idea that the state and its rulers are one and the same ( Mallory J. 1986). As the alter ego of the state, the state officials are therefore accorded with some degree of immunity which, like that of the immunity of the state itself, is subject to restrictions. Although there are some decided cases involving the immunity of state officials from prosecution for international offences, this area had remain gray for most part. If we take a closer look at the laws and treaties governing the United States and its visiting foreign state officials, there has not really been a clear cut policy of government on the extent of the immunity enjoyed by state officials form prosecution for international offences (Bederman D. 2001). We shall discuss this principle more thoroughly in the later part of the paper. On the other hand, diplomatic immunity is anchored on the principle that diplomats are representatives of their country and that without such immunity; they will not be able to carry out property their official functions. Under the Vienna Convention on Diplomatic Relations, the purpose of diplomatic immunity was clearly