Acta iure gestionis and acta iure imperii

1. Acta iure imperii and acta iure gestionis are terms of opposing polarity that set out the scope and limits, respectively, of a state’s immunity from suit. As a constitutional matter, they arise from a basic organizing principle of statehood that dates back to ancient monarchies, embodied in the Latin maxim rex non potest peccare (‘the king can do no wrong’): a sovereign cannot, without their consent, be made a respondent in civil actions, nor be criminally prosecuted, within their own state. Constitutionalism, however, also requires accountability for...