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IMMUNITY—IMOLA

of the soul of man. The loss of the belief casts a dark shadow over the present life. “No sooner do we try to get rid of the idea of Immortality-than Pessimism raises its head.. Human griefs seem little worth assuaging; human happiness too paltry (at the best) to bc Worth increasing. The whole moral world is reduced to a point. Good and evil, right and wrong, become infmitesimal, ephemeral matters. The affections die away-die of their own conscious feebleness 'and uselessness. A moral paralysis creeps over us” (Natural Religion, Postscript). The belief exercises a potent moral inHuence.~ “ The day, ” says Ernest Renan, “ in which the belief in an after-life shall vanish from the earth will witness a terriflc moral and spiritual decadence. Some of us perhaps might do without it, provided only that others held it fast. But there is no lever capable of raising an entire people if once they have lost their faith in the immortality of the soul ” (quoted by A. W. Momerie, Immortality, p. Q). To this belief, many and good as are the arguments which can be advanced for it, a confident certainty is given by Christian faith in the Risen Lord, and the life and immortality which he has brought to light in his Gospel.

In addition to the works referred to above, see R. K. Gaye, T hz; Platonic Conception of Immortality and its Connexion with the Theory of Ideas (1904); R. H. Charles, A Critical History of the Doctrine of a Future Life in Israel, in Judaism and in Christianity U899); E. Pétavel, The Problem of Immortality (Eng. trans. by F. A. Fyeer, 1892); ]. Fiske, The Destiny of Man, viewed in the Light of; hm Origin (1884); G. A. Gordon, Immortality and the New Theodicy (1897); Henry Buckle, The After Life (1907). (A. E. G.*)


IMMUNITY (from Lat. immunis, not subject to a muhus or public service), a general term for exemption from liability, principally used in the legal sense discussed below, but also in recent times in pathology (for which see BACTERIOLOGY). In international law the term (“not serving, ” “not subject”) implies exemption from the jurisdiction of the state which otherwise exercises jurisdiction Where the immunity arises. It is thus applied to the exceptional position granted to soverei4y1s and chiefs of states generally, and their direct representatives in the states to which they are accredited.

Under EXTERRITORIALITY is treated the inviolability of embassies and legations and the application of the material side of the doctrine of immunity. As a right appertaining to the persons of those who enjoy it, the doctrine has grown out of the necessity for sovereigns of respecting each other's perions in their common interest.. To be able to negotiate Without danger of arrest or interference of any kind with their persons was the only condition upon which sovereigns would have been able to meet and discuss their joint interests. With the development of states as independent entities and of intercourse between them and their “nationals,” the work of diplomatic mission sf increased to such an extent that instead of having merely occasional ambassadors as at the beginning, states found it expedient to have resident representatives with a permanent residence. Hence the sovereign's inviolability becomes vested in the person of the sovercigrfs delegate, and with it as a necessary corollary the ex territoriality of his residence. Out of the further expansion of the work of diplomatic missions came duplication of the personnel and classes of diplomatic secretaries, who as forming part of the embassy or legation also h d to be covered by the diplomatic immunity.

In no branch of international intercourse states shown so laudable a respect for tradition as in the case of this immunity, and this in spite of the hardship which frequently arises for private citizens through unavoidable dealings with members of embassies and legations. The Institute of International Law (see PEACE) at their Cambridge session in 1895 drew up the following rules,1 which may be taken to be the only precise statement of theory on the subject, for the guidance oi foreign offices in dealing with it:-,

ART. I.-Public ministers are inviolable. They also enijoy “exterritoria1ity, " in the sense and to the extent herema ter mentioned and a cenain number of immunities. ART. 2.-The privilege of inviolability extends: (I) To all classes

The rules were drawn up in French. The author of this article is responsible for the translation of them. of public ministers who regularly represent their-sovereign or their country; (2) T0 all persons forming part of, the offxcial staff of a di iomatic mission; (3) To all persons forming part of its nono{'%'1)cial staff, under reserve, that if they belong to the country where the mission resides they only enjoy it within the official residence. ART. 3.-»The government to which the minister is accredited must abstain from all o!Tence, insult or violence against the persons entitled to the privilege, must set an example in the respect which is due to them and protect them by specially rigorous penalties from all offence, insult or violence on the part of the inhabitants of the country, so that they may devote themselves to their duties in perfect freedom.

ART. 4.-Immunity applies to everything necessary for the fulfilment by ministers of their duties, especially to personal effects, papers, archives and correspondence.

ART. 5.-It lasts during the whole time which the minister or diplomatic official spends, in his official capacity, in the country to which he has been sent.

It continues even in time of war between the two powers during the period necessary to enable the minister to leave the country with his staff and effects.

ART. 6.-Inviolability cannot be claimed: (I) In case of legitimate defence on the part of private persons against acts committed by the persons who enjoy the privilege; (2) In case of risks incurred by any of the persons in question voluntarily or needlessly; (3) In case of improper acts committed by them, provoking on the part of the state to which the minister is accredited measures of defence or precaution; but, except in a case of extreme urgency, this sta-te should confine itself to reporting the facts to the minister's government, requesting the punishment or the recall of the guilty agent and, if necessary, to surrounding the official residence to prevent unlawful communications or manifestations.

Immunity with Respect to Taxes.

ART. II.-'-A public minister in a foreign country, functionaries oficlcially attached to his mission and the members of their families residing with them, are exempt from paying: (I) Personal direct taxes and sumptuary taxes; (2) General taxes on property, whether on capital or mcome; (3) War contributions; (4) Customs duties -in respect of articles for their personal use. Each government shall indicate the grounds (justifications) to which these exemptions from taxation shall be subordinated. Immunity from furisdiclion.

Agn". 12.-A public minister in a foreign country, functionaries offigally qbtached to hlS mission and the members of their families residing with them, .gre exempt from all jurisdiction, civil or criminal; of the sttate to wh1ch tlf1ey are accredited; 1n principle, they are only subject to the ClV11 and criminal jurisdiction of their own country. A claimant may apply to the courts of the capital of the country of the mmnsfer, subject to the right of the minister to prove that he hqs a different domicile in his country. ART. 13.-Wlth respect to crimes, persons indicated in the pre-Cetilng article remairgsubject to the penal laws of their own country, as 1f they had committed the acts in their own country. ART. 14.-The immunity attaches to the function in respect of acts connected with the fuqction. As regards acts done not in Connexion v{1th the functlon, immunity can only be claimed so long as the function lasts.

ART. 15.-“PBFSQHS of the nationality of the country to the government of wh1ch they are accredited cannot claim the privilege of ammumty.

ART. 16.-Immupity from jurisdiction cannot be invoked: (I) In case of proceedings taken by reason of engagements entered mto by the exefnpt person, not m hls oiTicial or private capacity, but m the exercise of ad profession carried on by him in the country concurrently vqith hxs lplomatic functions; (2) In respect of real act}ons, 1nclud}ng possessor actions, relating to anything movable or immovable m the country.

It f2X1StS even m case of a breach of the law which may endanger public ordexi or safety, or of crime against the safety of the state, without prejudice to such steps as the territorial government may take for lts own protection,

ART. 17.~Persons entitled to immunity from jurisdiction may refuse to appear as witnesses before a territorial court on condition tha§ , nf required by diplomatic intervention! they shall give their testlrpony 111 the offxcxal residence to 21 magistrate of the countyy appointed for the purpose.

Further questions connected with Immunity and Exterritoriality (q.rzr.) arise out of the different induétrialenterprises undertaken by states, such as posts, telegraphs, telephones, railways, steamships, &c., which require regulation to prevent conflicts of interest between the state owners and the private interests involved in these enterprises. (T. BA.)


IMOLA (anc. Forum Cornelii), a town and episcopal see of Emilia, Italy, in the province of Bologna, from which it is 21 m. S.E. by rail, 140 ft. above sea-level. Pop. (1901) 12,058 (town);

33,144 (commune). The cathedral of S. Cassiano has been