Acta iure imperii
Acta iure imperii ( Latin legal acts of a sovereign nature ) is a term from international law and describes the sovereign administration of a state. This is subject to immunity protection under international law .
In contrast to this are the acta iure gestionis , the private-sector activities of a state ("commercial activity" as defined by the ILC ) abroad. There is no judicial immunity protection for these non-sovereign acts. Acta iure imperii, in contrast, are originally (born / originally) sovereign . The state must not be held accountable for its actions in a foreign court.
In the event of a dispute, however, a distinction must be made between decision-making and enforcement proceedings . A state can very well be indicted for an act - the court decides whether the claim will be dealt with. However, enforcement (collection of debts) cannot be carried out if the state invokes its immunity.
Individual evidence
- ^ International Court of Justice: ICJ, Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Judgment, ICJ Reports 2012, p. 99, para. 60. (No longer available online.) February 3, 2012, archived from the original on December 13, 2016 ; accessed on January 6, 2017 (English).
- ↑ BVerfG , judgment of April 30, 1963, Az. 2 BvM 1/62, BVerfGE 16, 27 - Iranian Embassy
