As a general rule of international law, states, some holders of high-ranking office in a state (such as heads of state or heads of government), and diplomatic and consular agents enjoy immunity from civil suits and criminal prosecutions inaugurated in other states (but not those inaugurated in international courts and tribunals). Many treaties, such as the Vienna Convention on Diplomatic Relations (April 18, 1961), the Vienna Convention on Consular Relations (April 24, 1963), and the New York Convention on Special Missions (December 8, 1969), guarantee this immunity. Immunities are meant to allow states and their representatives to engage in international relations as equal and independent entities. Thus, no state can be subject to legal proceedings in another state, as it would imply statuses of inferiority and superiority, or the subordination of one state to another.

A distinction is generally made between functional and...