Abstract

CHAVEZ RODRIGUEZ, Yovani Edgar. Sovereign immunity and the case of the United States v. Noriega. Rev. Cient. Gen. José María Córdova [online]. 2023, vol.21, n.44, pp.966-986.  Epub Oct 01, 2023. ISSN 1900-6586.  https://doi.org/10.21830/19006586.1159.

Sovereign immunity is an international doctrine according to which neither a sovereign nor a state can be sued by foreign courts. The United States regulates this legal figure through the Foreign Sovereign Immunities Act of 1976. Said regulation, however, does not define the sovereign immunity of heads of state. For this reason, the case of the United States v. Noriega is of great interest, since it was the first time that the courts of one country tried a head of state of another country. In this case, the courts made a mistake by not asking the executive branch for official clarification to define General Noriegas status as head of state. In that sense, the decision did not adhere to strict law and was based on political motivations.

Keywords : General Noriega; General Torrijos; head of state; international law; sovereign immunity; sovereignty.

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