Is the unlawful homicide committed by Minister of country X abroad an act jure imperii or jure gestionis?
An unlawful killing abroad is not a legitimate sovereign or governmental function, so it is not treated as an act jure imperii attracting immunity. Courts have reasoned, as…
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Is the unlawful homicide committed by Minister of country X abroad an act jure imperii or jure gestionis?
Answer and explanation
Correct answer C
An unlawful killing abroad is not a legitimate sovereign or governmental function, so it is not treated as an act jure imperii attracting immunity. Courts have reasoned, as in Letelier v. Republic of Chile and the Pinochet case, that such criminal conduct falls outside official acts, so "Such conduct is a private act (jure gestionis)".
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