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United States ex rel. Casanova v. Fitzpatrick.
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Interpretation of — Consideration of preparatory work — Article105 of United Nations Charter — Whether Article 105 grants immunity from prosecution based on alleged conspiracy to commit sabotage by resident member of mission to United Nations — Interpretation by reference to views of delegates at San Francisco Conference, Committee Reports, and testimony before Congress of United States.
The United Nations — Interpretation of Charter — Right of resident member of mission to United Nations to immunity from prosecution based on alleged conspiracy to commit sabotage — Whether immune from such prosecution under Article 105 of Charter Consideration of preparatory work.
Representatives accredited to United Nations — Privileges and immunities of — Resident member of mission — Arrest and prosecution based on alleged conspiracy to commit sabotage and to violate United States Foreign Agents Registration Act — Article 105 of United Nations Charter — Article V, Section 15 (2), of Headquarters Agreement between United Nations and United States — Whether immune by law of nations — Effect of certificate from Department of State as to immunity under Headquarters Agreement — International law as understood by courts of United States — The law of the United States of America.
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