Gerritsen v. de la Madrid Hurtado and Others

Abstract

Consular relations — Immunity — Consular officials — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to “Acts performed in the exercise of consular functions” — Whether immunity covers proceedings for allegedly unlawful acts committed against person demonstrating outside consulate

State immunity — Jurisdictional immunity — Non-commercial tort exception — Requirement that tort not committed by foreign State in the exercise of discretionary function — Alleged abduction and assault of person demonstrating outside Mexican consulate by Mexican consulate officials — Foreign Sovereign Immunities Act 1976 — The law of the United States