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国家豁免原则是一条习惯国际法原则,源自国家独立、尊严及平等原则。国家豁免原本只及于国家本身。政府官员个人是否享有国家豁免,国际公约和各国国内法并没有明确的规定,随着限制豁免论的发展,政府官员个人不享有国家豁免的情况已经越来越多,私人行为、违反国内法的行为以及国际罪行等都将导致政府官员成为法院的被告。
The principle of State immunity is a principle of customary international law derived from the principle of national independence, dignity and equality. State immunity originally belonged only to the State itself. There is no clear stipulation in the international conventions and the domestic laws of individual government officials. With the development of restriction exemption theory, it is more and more that the government officials and individuals do not enjoy state immunity personally. There are more and more private behaviors that violate the domestic laws Conduct and international crimes will all lead to government officials becoming accused of the courts.