Immunity of Senior State Officials

The classic statement of the act of state doctrine had taken root in England as early as 1674 and it was inappropriate for courts of a sovereign state to sit in judgement on acts of other states. Sovereign monarchs in Europe had absolute power and they could do no wrong. Thus, monarchs in Europe were immune from action in domestic courts and reciprocity demanded that they did not interfere in the affairs of other sovereign monarchs. State immunity, which is a creature of international law, developed out of the previously mentioned considerations and a need for interaction between sovereign states, which required reciprocity. This brief essay presents a discussion about state immunity from proceedings alleging jus cogens norms.