The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?

The following contribution interprets the ICJ decision in the case of Jurisdictional Immunities of the State in a broader picture. Even if in the traditional view immunity is conceived as a ‘procedural’ rule, as the Court upheld in the judgment, however this is not the only way to address this topic. State immunity can be interpreted as a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction