Sovereign Immunity In Switzerland

Sovereign immunity is a fundamental principle of international law that shields states and their entities from legal proceedings in foreign courts. Rooted in state sovereignty, it prevents one state from being subjected to another's jurisdiction without consent, ensuring governments operate without constant litigation threats.

Sovereign immunity consists of:

• Immunity from jurisdiction, which enables a state to avoid being prosecuted in a foreign court.
• Immunity from execution, which allows a state to prevent enforcement actions against its assets and property.

According to the Swiss Federal Supreme Court, a state may invoke immunity from legal jurisdiction exclusively for actions performed while exercising state authority. On the other hand, the Supreme Court defined certain conditions under which compulsory measures against a foreign state can be imposed (execution immunity).¹