acta jure imperii

Latin · AK-ta YOO-ray im-PEER-ee-ee · International law

Meaning. Sovereign or governmental acts of a State, for which it is immune from foreign courts.

Acta jure imperii are acts a State does in its capacity as a sovereign: legislating, defence, police action, expropriation, diplomatic activity. Under customary international law, one State's courts do not sit in judgment on these acts of another State, following the principle par in parem non habet imperium (equals have no authority over one another).

Older law gave absolute immunity for all acts. Most States now follow the restrictive theory, keeping immunity only for sovereign acts and denying it for commercial acts (acta jure gestionis). The ICJ confirmed in 2012 that immunity covers even serious wrongs committed by armed forces in war.

Example

The seizure of the vessel by the foreign navy was an acta jure imperii, so the shipowner's suit against that State could not proceed.

In Indian law

Section 86, Code of Civil Procedure, 1908 (suits against foreign States)
Jurisdictional Immunities of the State (Germany v. Italy) (International Court of Justice, 2012)

acta jure imperii

Example

In Indian law

See also

Read more in the study notes