Positions at a glance
Supporters
A notable example is the case involving the arrest of the Argentine naval vessel ARA Libertad by Ghana in 2012. Ghanaian courts allowed creditors to seize the ship to satisfy Argentina’s debts, but Argentina argued that the vessel enjoyed immunity from execution as a sovereign warship. The International Tribunal for the Law of the Sea later ruled in favor of Argentina, emphasizing the principle of immunity from execution for state-owned military vessels.
Opponents
State Immunity from Execution is a principle in international law that prevents one country from enforcing judicial decisions against another sovereign state’s assets within its own jurisdiction without consent. This immunity applies to enforcement actions such as seizing bank accounts, property, or other assets belonging to a foreign state to satisfy a judgment or debt. The doctrine reflects the respect for sovereignty and equality among states, ensuring that no state can unilaterally deprive another of its property through domestic courts.
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In 2012, Ghana attempted to seize the Argentine naval vessel ARA Libertad to enforce debt claims, but international law upheld the ship's immunity from execution as a sovereign warship.
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