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Cited by 0International Law and Human RightsAmerican Constitutional Law and PoliticsJudicial and Constitutional Studies

Immunity Ratione Materiae in Action: Analysing a Former US President Trial Before the US Supreme Court and the Nature of Official Acts with Regard to the Arrest Warrant Case

Open access
Masumbe, Paul S.·2025·Perspectives of Law and Public Administration
DOI 10.62768/plpa/2025/14/2/07
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Abstract

The United States (US) Supreme Court reversed the decisions of the lower courts by a 6-3 majority in favour of granting absolute immunity from criminal prosecution to former President Donald Trump from his conclusive and preclusive authority. The issue before the Court was whether a former president enjoys immunity for conduct involving official acts committed during his term in office and, if so, to what extent. While a minority of the Justices dissented on the fact that a former President enjoys no such immunity, the majority concurred that he enjoys immunity for official acts. The article examines the decision of the US Supreme Court regarding immunity ratione materiae and whether the decision is consistent with the rules of customary law granting such immunity. Since the issue of the President's official acts is still a significant concern, this article attempts to draw the line between official and unofficial acts. In other words, this article examines the following questions: (i)To what extent does the United States Supreme Court's decision grant criminal immunity to a former President for official acts committed while in office?; (ii) Is the Supreme Court's interpretation of presidential immunity consistent with the principles of customary international law, particularly immunity ratione materiae? And (iii)How can the distinction between official and unofficial acts of a President be legally and practically delineated? It argues that the nature of this immunity for a former president requires that such actions should be official and private, provided they are perpetrated while in office. It further argues that an act may not be unofficial merely because it is unconstitutional and violates applicable law. With lessons drawn from the Arrest Warrant decision, it is argued here that the decision of the Supreme Court appears to be consistent on the position of international law rules on immunity. The article further examines the immunity of Donald Trump as the current or incumbent US President by asserting that sitting Presidents enjoy both functional and personal immunity from criminal prosecution recognised by both national and international law before concluding remarks.

AI snapshot

Written from the paper’s full text.

TL;DR

This article analyzes the US Supreme Court’s 2024 decision in *Trump v. United States*, which held that a former President has absolute immunity for core constitutional official acts and at least presumptive immunity for other official acts, with no immunity for unofficial acts. It argues that the decision is largely consistent with customary international law on immunity *ratione materiae*, drawing lessons from the ICJ’s *Arrest Warrant* case.

Key findings

  • In *Trump v. United States*, 603 U.S. 593 (2024), No. 23-939, the Supreme Court reversed the lower courts by a 6–3 majority, holding that a former President is entitled to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority, and at least presumptive immunity for all official acts, but no immunity for unofficial acts.
  • The article argues that this outcome is consistent with immunity *ratione materiae* under customary international law, as reflected in the ICJ’s *Arrest Warrant* case, because functional immunity attaches to official acts performed on behalf of the state, continues after office, and covers official acts even when the official is no longer in office.
  • On distinguishing official from unofficial acts, the article notes the Supreme Court’s guidance that courts may not inquire into the President’s motives, that official acts may fall within the outer perimeter unless “manifestly or palpably” beyond his authority, and that unofficial acts amounting to serious international crimes—such as genocide, war crimes, crimes against humanity, and torture—are not immune, citing *Eichmann* and *Pinochet*.
  • The article further asserts that as the 47th US President since 20 January 2025, Donald Trump enjoys both immunity *ratione personae* (personal/status immunity) and immunity *ratione materiae* (functional immunity) under national and international law.

Methods

  • Doctrinal and comparative legal analysis of the US Supreme Court’s 2024 presidential immunity decision alongside international law on immunity *ratione materiae* and *ratione personae*.
  • The paper relies on case law and materials including *Trump v. United States*, the ICJ’s *Arrest Warrant* case, *Eichmann*, *Prosecutor v. Blaskic*, *Pinochet*, *Marbury v. Madison*, and scholarly commentary and news reports cited in footnotes and references.
  • The main analysis examines whether the Supreme Court’s interpretation is consistent with customary international law and how official versus unofficial acts can be legally and practically delineated.

Limitations

  • The paper states no limitations.
  • Evident from the text: it is a purely doctrinal analysis with no empirical data, sample, or systematic coding, and it relies heavily on secondary online news sources for case facts and commentary.
  • Evident from the text: the article contains typographical and factual inconsistencies—for example, “November 2025,” “Columbia District Court Circuit,” and “20224”—which may affect reliability.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.62768/plpa/2025/14/2/07

Cites

9 of 9 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

0 of 34 cited sources checked · 0 supported · 0 flagged

  • Premisenone given

    Some Presidential conduct may be qualified as official acts even when not obviously connected to constitutional and statutory provision.

    “However, some Presidential conduct may and can be qualified as official acts even when not obviously connected to constitutional and statutory provision”
    Quote in the paperNot a substantial claim
  • Premisereasoning

    The President of the US benefits from the outer perimeter of his official acts.

    “In addition, the President of the US also benefits from the outer perimeter of his official acts.”
    Quote in the paperSubstantial claim
  • Premisereasoning

    Functional immunity will continue to shield both current and former heads of state, as well as other state officials, for acts performed in their official capacity in the interest of the state or general public while in office.

    “Moreover, functional immunity will not cease but continue to shield both the current and former heads of state, as well as other state officials for acts performed in their official capacity in the interest of the state or general public while in office.”
    Quote in the paperSubstantial claim
  • Premisecitation

    The rule that state officials acting in official capacity enjoy functional immunity is a well-established rule of customary international law going back to the eighteenth and nineteenth centuries, restated many times since.

    “This is a well-established rule of customary international law going back in the eighteenth and nineteenth centuries, restated many times since.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Prosecutor v. Blaskic

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Premisecitation

    According to the Supreme Court, most of the President's public communication are covered or fall within the outer perimeter of his official responsibility.

    “For example, according to the Supreme Court, most of the President's public communication are covered or falls within the outer perimeter of his official responsibility.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Trump v. United States, 603 U.S. 593 [2024-02-01]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims. 42
  • Classified as probably not a substantial claim. 30

  • May combine two claims.

    Premisecitation

    The US Supreme Court reversed the lower courts by a 6-3 majority and granted former President Donald Trump absolute immunity from criminal prosecution for conduct within his conclusive and preclusive authority.

    “The United States (US) Supreme Court reversed the decisions of the lower courts by a 6-3 majority in favour of granting absolute immunity from criminal prosecution to former President Donald Trump from his conclusive and preclusive authority.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Trump v. United States, 603 U.S. 593 [2024-02-01]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisereasoning

    Immunity ratione materiae applies only to official acts of the state, and former presidents are protected by this immunity.

    “Furthermore, immunity ratione materiae applies only to official acts of the state and former president are protected by this immunity.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisenone given

    The District Court refused Trump's motion to dismiss and held that former Presidents do not possess federal criminal immunity for any act.

    “The District Court (D.C) refused Trump's motion to dismiss the allegations and held that former President do not possess federal criminal immunity for any act.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisecitation

    The ICTY Appeals Chamber in Prosecutor v. Blaskic held that state officials acting in their official capacity are mere instruments of a State, their official action can only be attributed to the State, and they enjoy functional immunity.

    “The Appeals Chamber dismisses the possibility of the International Tribunal addressing subpoenas to State officials acting on their official capacity.Such officials are mere instruments of a State, and their official action can only be attributed to the State.They cannot be subject to sanctions or penalties for conduct that is not private but undertaken on the behalf of the State.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Prosecutor v. Blaskic

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationcitation

    The views in the Trump case are consistent with international law rules on immunity ratione materiae as stated in the Arrest Warrant case, where it was asserted that no distinction can be made between acts performed by a state official in an official capacity and those performed in a private capacity, or between acts performed before the person assumed office and those performed while in office.

    “These views are consistent with international law rules on immunity ratione materiae as stated in the Arrest Warrant case where it was asserted that no distinction can be made between acts performed by the state official in an official capacity and those performed in a private capacity or even acts performed before the person assumed office and those performed while in office.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Arrest Warrant case

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Unofficial or non-official acts are not protected by the state and international law.

    “unofficial or non-official acts are not protected by the state and international.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Premisereasoning

    The key issue to determine whether former President Trump's actions are immune is to differentiate official acts from unofficial acts.

    “Consequently, the Supreme Court noticed that the key issue to determine whether former President Trump actions are immune is to differentiate official acts from unofficial acts.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisenone given

    The Arrest Warrant case was finally decided by the ICJ and the issue of functional immunity pertaining to former state officials was decided by the same Court.

    “However, the former was finally decided by the ICJ and the issue of functional immunity pertaining to former state officials was decided by the same Court.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Arrest Warrant case

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation

    The ICJ rejected Belgium's contention that Yerodia was no longer Minister of Foreign Affairs and noted the dispute's character remained the lawfulness of the arrest warrant issued on 11 April 2000 to an incumbent Minister of Foreign Affairs.

    “The Belgian contention that at the time of the hearing, Mr Yerodia was no longer the Minister of Foreign Affairs who was ejected by the ICJ and the Court noted that the character of the dispute has not changed, which was the lawfulness of the arrest warrant issued on 11 April 2000 to an incumbent Minister of Foreign Affairs.38”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [38]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation

    In the Eichmann case, the Israeli Supreme Court rejected Eichmann's defence and maintained that persons who commit international crimes such as crimes against humanity must be personally responsible for such acts and cannot shelter behind the official character of their task.

    “The Israeli Supreme Court rejected Eichmann defence and maintained that persons who commit international crimes such as crimes against humanity must be personally responsible for such acts and that the act falls completely outside the jurisdiction of the sovereign state that ordered or ratified their commission, therefore the individuals cannot shelter behind the official character of their task.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Eichmann case

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Classified as probably not a substantial claim. May combine two claims.

    Premisereasoning

    Immunity ratione materiae exclusively covers acts performed in an official capacity on behalf of the state and not the person.

    “This immunity exclusively covers the acts performed in an official capacity on behalf of the state and not the person.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    In the Arrest Warrant case, Belgium issued an arrest warrant on 11 April 2000 against Abdulaye Yerodia Ndombasi, then incumbent Minister of Foreign Affairs of the Congo, accusing him of serious breaches of the 1949 Geneva Conventions and Protocols and crimes against humanity.

    “the Arrest Warrant case is concerned with an arrest warrant issued on 11 April 2000 by an investigating judge of Brussels, Belgium against Mr Abdulaye Yerodia Ndombasi, an incumbent Minister of Foreign Affairs of the Congo accusing him for offences which constitutes serious breaches of the Geneva Convention of 1949 and its Protocols as well as crimes against humanity.36”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [36]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationcitation

    The US Supreme Court's decision appears consistent with international law rules on immunity, with lessons drawn from the Arrest Warrant decision.

    “With lessons drawn from the Arrest Warrant decision, it is argued here that the decision of the Supreme Court appears to be consistent on the position of international law rules on immunity.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Arrest Warrant case

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation

    The US Supreme Court held that under the constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority, and to at least presumptive immunity for all his official acts.

    “Accordingly, the Supreme held that under constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.And he is entitled to at least presumptive immunity from prosecution for all his official acts.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Trump v. United States, 603 U.S. 593 [2024-02-01]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisereasoning

    The majority of the US Supreme Court concurred that a former President enjoys immunity for official acts, while a minority dissented on the fact that a former President enjoys no such immunity.

    “While a minority of the Justices dissented on the fact that a former President enjoys no such immunity, the majority concurred that he enjoys immunity for official acts.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisereasoning

    The key issue to be decided by the US Supreme Court was when a former President may be prosecuted for official acts taken during his term of office, and this equally applies to the Arrest Warrant's decision.

    “The key issue to be decided by the US Supreme Court was when may a former President be prosecuted for official acts taken during his term of office and this equally applies to the Arrest Warrant's decision.”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Arrest Warrant case

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Trump v. United States, 603 U.S. 593 [2024-02-01]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisereasoning

    Immunity ratione materiae may not cover unofficial acts committed by a former president while in office and is consequently not applicable.

    “It may not cover unofficial acts committed by former president while in office and consequently not applicable.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim. May combine two claims.

    Premisereasoning

    Immunity ratione materiae attaches to official acts exercised in accordance with certain state policy by using the apparatus of the state, and it is the state rather than the official in his or her personal capacity that is responsible for such acts.

    “Immunity ratione materiae attaches to the official acts that are exercised in accordance with certain state policy by using the apparatus of the state, and since the officials who performed such acts acted as instruments of the state; it is the state rather than the official in his or her personal capacity that is responsible for such acts.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Interpretationnone given

    Sitting Presidents enjoy both functional and personal immunity from criminal prosecution recognised by both national and international law.

    “The article further examines the immunity of Donald Trump as the current or incumbent US President by asserting that sitting Presidents enjoy both functional and personal immunity from criminal prosecution recognised by both national and international law before concluding remarks.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Premisenone given

    Unofficial acts amount to serious criminal violation and include crimes against humanity, genocide, war crimes, crimes of apartheid, torture and enforced disappearance.

    “However, unofficial acts amount to serious criminal violation and this include for example; crimes against humanity, genocide, war crimes, crimes of apartheid, torture and enforced disappearance.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    What constitutes official acts by the president is not precisely defined according to Chief Justice John Roberts.

    “what constitute official acts by the president is not precisely defined according to Chief Justice John Roberts.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    When the President acts according to the Constitution or statutory authority, his actions are official and therefore covered by immunity ratione materiae because he acts in an official capacity.

    “Moreover, when the President acts according to the Constitution or statutory authority, his actions are officials and therefore covered by immunity ratione materiae because he acts in an official capacity.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Premisereasoning

    Most state officials, including heads of state, are accorded functional immunity because the acts they perform are sovereign acts or acta jure imperii in their official capacity.

    “Most state officials, including the heads of state, are accorded functional immunity since the acts they perform are sovereign acts or acta jure imperii in their official capacity.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Premisenone given

    Both the District Court and the District Court Circuit declined to decide whether the indicted conduct constituted official acts.

    “It is imperative to note that both the District Court and the District Court Circuit declined to decide whether the indicted conduct constitute official acts.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim.

    Premisenone given

    When the President acts in accordance with his Constitutional and statutory authority, he takes actions to perform the function of his office.

    “when the President act in accordance with his Constitutional and statutory, he takes actions to perform the function of his office.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisereasoning

    Where the President exercises conclusive and preclusive authority, Congress cannot act on, and courts cannot examine, the President's action as he enjoys absolute immunity.

    “Where the President exercise such authority, congress cannot act on, and courts cannot examine the President's action as he enjoys absolute immunity for his conclusive and preclusive authority.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    Official acts are immune simply because of the interest of the state and not personal gain.

    “official acts are immune simply because of the interest of the state and not personal gain.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Premisereasoning

    Immunity ratione materiae is wider in scope and its main objective is to ensure that the state official may exercise and execute his functions without any interference by the judicial authorities.

    “In other words, this immunity is wider in scope and its main objective is to ensure that the state official may exercise and execute his functions without any interference by the judicial authorities.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Interpretationcitation

    Former presidents are entitled to absolute and presumptive immunity for their official actions under the US Constitution after the Trump case.

    “As a matter of fact, former presidents are entitled to absolute and presumptive immunity for their official actions under the US Constitution after the landmark decision in the Trump case.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Trump v. United States, 603 U.S. 593 [2024-02-01]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisecitation

    The Congo submitted that Belgium violated customary international law on absolute inviolability and immunity from criminal process of an incumbent Minister of Foreign Affairs, and the equality of states principle, by issuing and circulating an international arrest warrant against an incumbent state official.

    “One of the submissions of the Congo is that by issuing and circulating an international arrest warrant against an incumbent state official, Belgium has violated the rule of customary international law regarding absolute inviolability and immunity from criminal process of incumbent Minister, and also the equality of state principle.37”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [37]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationnone given

    All official acts of former US Presidents are immune, and the immunity may even cover unofficial acts under the outer perimeter as they are not manifestly or palpably beyond authority.

    “In essence, all official acts of former US Presidents are immune, and the immunity may even cover unofficial acts under the outer perimeter as they are not manifestly or palpably.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Immunities are granted based on the actions of the state official or president, whether such actions are official or unofficial.

    “Accordingly, immunities are granted based on the actions of the state official or president, 28 whether such actions are official or unofficial”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisenone given

    The Columbia District Court Circuit affirmed the D.C. decision that former President Trump does not possess immunity for any act.

    “On appeal, the Columbia District Court Circuit affirmed and maintained the D.C decision that former President Trump do not possess immunity for any act.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationreasoning

    All unofficial acts not amounting to crimes perpetuated in office are covered by immunity ratione materiae because such acts are attributed to the state.

    “However, all unofficial acts not amounting to crimes perpetuated in office are covered by immunity ratione materiae because such acts are attributed to the state”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Premisenone given

    Official acts of former heads of state are automatically protected by international law and covered by immunity.

    “Thus, while official acts of former heads of state are automatically protected by international law and covered by immunity”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Premisereasoning

    Immunity ratione materiae or functional immunity protects state officials from all official acts performed on behalf of the state.

    “Accordingly, immunity ratione materiae or functional immunity usually protects state officials from all official acts performed on behalf of the state.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Interpretationreasoning

    The US Supreme Court decision granting Donald Trump as former President immunity for his action is consistent with the Arrest Warrant decision because the official nature of the actions and the Constitutional mandate of the office of the President equally granted him conclusive and presumptive immunity, making these acts unexaminable before the courts.

    “In addition, the US Supreme Court decision granting Donald Trump as former President immunity for his action is consistent with the Arrest Warrant decision because the official nature of the actions and Constitutional mandate of the office of the President equally granted him conclusive and presumptive immunity, making these acts unexaminable before the courts.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Premisecitation

    Immunity ratione personae is absolute while the state official is in office and comes to an end when the person is no longer in office or has abdicated his or her office.

    “In addition, immunity ratione personae is absolute while the state official is in office and comes to an end when the person is no longer in office or has abdicated his or her office.42”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [42]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Classified as probably not a substantial claim.

    Premisecitation

    The ICJ in the Arrest Warrant decision held that it has been unable to deduce from practice that there exists under customary international law any form of exception to the rule according immunity and inviolability to incumbent or sitting presidents where they are suspected of having committed any international crime such as war crimes or crimes against humanity.

    “it has been unable to deduce from this practice that there exists under customary international law any form of exception to the rule according immunity and inviolability to incumbent or sitting presidents where they are suspected of having committed any international crime such as war crimes or crimes against humanity.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Interpretationreasoning

    Now that he is the 47th US President for the second and last mandate in office since 20 January 2025, President Trump is protected by both personal immunity and functional immunity for official acts while in office for the next four years.

    “Now, that he is the 47th US President for the second and last mandate in office since 20 January 2025, President Trump is protected by both personal immunity and functional immunity for official acts while in office for the next four years.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Donald Trump was officially handed power as US President on 20 January 2025.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Immunity ratione personae is erga omnes.

    “(v) finally, immunity ratione personae is erga omnes.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [46]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    The ICJ asserted there is no exception to the rule granting immunity to heads of state where they are suspected of having committed crimes in international law.

    “The ICJ further assert there is no exception to the rule granting immunity to heads of state where they are suspected of having committed crimes in international law.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    The US Supreme Court decision is consistent with customary law rules applicable to immunity ratione materiae, hence charges against former President Trump are covered by this immunity.

    “In this regard, the decision of the US Supreme Court is consistent with customary law rules applicable to immunity ratione materiae, hence charges against former President Trump are covered by this immunity.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Trump charges were nowhere near serious international crimes such as crimes against humanity, war crimes, genocide, aggression, torture, and terrorism.

  • May combine two claims.

    Interpretationreasoning

    With regard to official acts, former heads of state may not be tried for official acts since such acts are attributed to the state, hence immunity ratione materiae covers only official acts while unofficial acts may be prosecuted.

    “With regard to official act, it has been established that former heads of state may not be tried for official acts since such acts are attributed to the state hence, immunity ratione materiae covers only official acts while unofficial acts may be prosecuted.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Premisenone given

    In the Arrest Warrant case, it was held that immunity and inviolability protect the president or senior state officials against any act of the authority of another state and no distinction may be drawn between official acts or private acts, provided the official is in office, the acts are all immune.

    “In all, in the Arrest Warrant case, it was held that immunity and inviolability protect the president or senior state officials against any act of the authority of another state and no distinction may be drawn between official acts or private acts, provided the official is in office, the acts are all immune.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Premisenone given

    While he was former president, the US Supreme Court noted that Trump is protected by the US Constitution and under international law by immunity ratione materiae.

    “Accordingly, while he was the former president, the Supreme noted that he is protected by the US Constitution and under international law by immunity ratione materiae.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Personal immunity is expected to end after the termination of the official functions of the state official.

    “(iv) immunity that is expected to end after the termination of the official functions of the state official;”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [46]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Personal immunity is totally inviolable because it covers official or private acts performed by state officials while in office.

    “(ii) immunity that is totally inviolable because it covers official or private acts performed by state officials while in office; 46”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [46]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationreasoning

    Through the outer perimeter principle, official acts with criminal nature may still be covered by this immunity and it is the responsibility of the prosecutor to prove that the actions are unofficial.

    “Similarly, through the outer perimeter principle, official acts with criminal nature may still be covered by this immunity and it is responsibility of the prosecutor to prove that the actions are unofficial.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Personal immunity or immunity ratione personae or status immunity is a procedural law and procedural defence as it defends state officials from civil and criminal jurisdiction.

    “personal immunity or immunity ratione personae or status immunity consist of the following: (i) a procedural law and procedural defence as it defends state officials from civil and criminal jurisdiction;”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [46]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationreasoning

    Based on the US Supreme Court decision, Donald Trump or any US President enjoys absolute immunity for official acts committed while in office, and these acts are not subject to judicial scrutiny.

    “Based on the decision, Donald Trump or any US President enjoys absolute immunity for official acts committed while in office and these acts are not subject to judicial scrutiny.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Immunity will only be lifted if the acts in question amount to crime.

    “However, immunity will only be lifted if the acts in question amount to crime.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    Heads of state enjoy absolute immunity for official acts and presumptive immunity for unofficial acts that do not amount to crime in the US courts.

    “Heads of state enjoys absolute immunity for official acts and presumptive immunity for unofficial acts that does not amount to crime in the US courts.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

    Interpretationreasoning

    There is no doubt that Trump as the current US President enjoys both functional and status immunity while exercising the duties of the Office of the President.

    “There is no doubt that Trump as the current US President enjoys both functional and status immunity while exercising the duties of the Office of the President.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Interpretationreasoning

    Former President Trump was accused of intentionally disseminating false election fraud, and these charges may have been classified as official acts carried out in official capacity, hence the application of functional immunity.

    “Just as a reminder here is that former President Trump was accused of intentionally disseminating false election fraud, and it appears that these charges may have been classified as official acts carried out in official capacity, hence, the application of functional immunity to these charges.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    The personal immunity of the president enables him to act with impunity before any criminal jurisdiction.

    “In other words, the personal immunity of the president enable him to act with impunity before any criminal jurisdiction”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Premisereasoning

    In the US, following the decision of the Supreme Court, the immunity granted to a former president is both absolute and conclusive and presumptive immunity from criminal prosecution for official acts.

    “In the US, following the decision of the Supreme Court, the immunity granted to a former president is both absolute and conclusive and presumptive immunity from criminal prosecution for official acts.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    International crimes perpetrated in official capacity are covered by immunity ratione materiae, and this appears to be supported by the US Supreme Court decision.

    “In other words, international crimes perpetrated in official capacity are covered by this immunity and this appears to be supported by the US Supreme Court decision.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

    Interpretationreasoning

    Trump as the US President is protected by immunity ratione personae and immunity ratione materiae for official acts and private acts after the elections in November 2025.

    “Trump as the US President is protected by immunity ratione personae and immunity ratione materiae for official acts and private acts after the elections in November 2025.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Donald Trump was officially handed power as US President on 20 January 2025.

  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationreasoning

    The US President also enjoys immunity for acts not covered or granted by the Constitution (outer parameter acts).

    “The US President also enjoys immunity for acts not covered or granted by the Constitution (outer parameter acts).”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Immunity ratione personae is granted only to high-ranking and top state officials in office.

    “Furthermore, this immunity is granted to only high-ranking and top state officials in office.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Premisenone given

    The US President exercises enormous power granted by the Constitution and recognised and confirmed by the Supreme Court.

    “In other words, the US President exercise enormous power granted by the Constitution and recognised and confirm by the Supreme Court.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    This view appears consistent with the outer perimeter principle of the US Supreme Court regarding immunity ratione materiae of former President Trump, and absolute immunity for official acts.

    “This view appears to be consistent with the outer perimeter principle of the US Supreme Court regarding immunity ratione materiae of former President Trump, and absolute immunity for officials acts.”
    Quote in the paperNot a substantial claim
63 of 63

  • The paper relies on this without support.

    When determining what constitute official and unofficial acts, such acts should benefit the general public or be of public interest rather than the individual official, and should be consistent with public policies.

    “One of the undeniable facts taken into consideration when determining what constitute official and unofficial acts is that such acts should benefit the generally public or is of public interest rather than the individual official, and that such acts should be consistent with public policies.”

  • The paper relies on this without support.

    Donald Trump did not commit any international crimes.

    “Certainly, Donald Trump did not commit any international crimes.”

  • The paper relies on this without support.

    Trump charges were nowhere near serious international crimes such as crimes against humanity, war crimes, genocide, aggression, torture, and terrorism.

    “Accordingly, Trump charges were nowhere near serious international crimes such as crimes against humanity, war crimes, the crimes of genocide and aggression, torture, and terrorism where immunity ratione materiae is inapplicable, and there is no immunity because they are unofficial acts.”

  • The paper relies on this without support.

    The rule lifting immunity ratione materiae for state officials is determined by the court and not customary international law.

    “Moreover, it was further asserted the rule lifting immunity ratione materiae for state officials is determined by the court and not customary international law.”

  • The paper relies on this without support.

    Donald Trump was officially handed power as US President on 20 January 2025.

    “Consequently, President Trump was official handed power as US President on 20 January 2025”
5 of 5

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

  • Unofficial acts alternately receive and do not receive functional immunity

    Major

    One passage says noncriminal unofficial acts are covered by immunity ratione materiae; another says that immunity covers only official acts.

  • Conflicting claims about functional immunity for international crimes

    Major

    The paper says international crimes committed in an official capacity are covered by immunity ratione materiae, then says that immunity is inapplicable to serious international crimes.

  • Presumptive immunity assigned to all other acts despite denial for unofficial acts

    Minor

    The paper says former presidents have presumptive immunity for any other action taken while in office, but subsequently states that unofficial acts have no immunity.

  • Conflicting election years for Trump's second term

    Minor

    The paper places the election preceding Trump's second term in November 2025, but elsewhere says he won it in November 2024 and took office in January 2025.

4 of 4

Cites

Flagged first, then by citations

9 of the 18 references couldn’t be matched to a known paper.

Research works printed but not linked: 9

  1. Bradley, C.A. & Goldsmith, J.L. "Foreign Sovereign Immunity, Individual Officials, and Human Rights Litigation", Green Bag 2D, 2010, Vol. 13.
  2. Cassese, A, "When May Senior State Officials Be Tried for International Crimes? Some Comments on the Congo v. Belgium Case", European Journal of International Law (EJIL). 2002, Vol.13, no.4, p. 853-875, ISSN 0938-5428.
  3. Dugard, John, "Immunity, Human Rights and International Law Crimes", Journal of South African Law. 2005, No. 3, p. 482-488, https://hdl.handle.net/10520/EJC54976.
  4. Gaeta, P., Immunity of States and State officials: A Major Stumbling Block to Judicial Scrutiny?, in Antonio Cassese (ed), Realizing Utopia: The Future of International Law, Oxford University Press USA, 2012.
  5. Koivu, Virpi. "Head of State Immunity v Individual Criminal Responsibility under International Law", Finish Yearbook of International Law. 2001, Vol. 12, pp. 305-330.
  6. Michael A. Tunks, "Diplomat or Defendants? Defining the Future of Head-of-State Immunity", Duke Law Journal. 2002, Vol. 52, p. 651-682.
  7. Murphy, Sean D. "Immunity Ratione Personae of Foreign Government Officials and Other Topics: The Sixty-Fifth Session of the International Law Commission." American Journal of International Law 108, no. 1 (2014): 41-57. https://doi.org/10. 5305/amerjintelaw.108.1.0041. · DOI
  8. Tomonori, Mizushima, "The Individual as Beneficiary of State Immunity: Problems of the Attribution of Ultra Vires Conduct", Denver Journal of International Law & Policy, 2001, Vol. 29. no. 4. ISSN 0196-2035.
  9. Wedgwood. R, "Augusto Pinochet and the International Law", McGill Law Journal. 2000, Vol. 46, p. 241-253, http://hdl.handle.net/20.500.13051/1582.

Authors
Masumbe, P. S.
Affiliations
Walter Sisulu University (ZA)
Corresponding author
Masumbe, Paul S.
ORCID
Masumbe, Paul S.
Venue
Perspectives of Law and Public Administration
Publisher
Societatea de Stiinte Juridice si Administrative
Published
2025-06
Volume
14
Issue
2
Pages
325-338
ISSN
2601-7830 (ISSN-L)
DOI
10.62768/plpa/2025/14/2/07
OpenAlex
W7204035444
Semantic Scholar
3cea2b6b8bf13546d1ac2cb830d3326471ea23ed
Cited by
0
References
18
FWCI
0.00
Type
journal article
Language
en
Open access
Licence
Locations
Perspectives of Law and Public Administration. (publishedVersion, cc-by-nc-nd)
Topics
  • Social Sciences › Political Science and International Relations › International Law and Human Rights
  • Social Sciences › Political Science and International Relations › American Constitutional Law and Politics
  • Social Sciences › Law › Judicial and Constitutional Studies
Keywords
immunity ratione materiae, Donald Trump, United States Supreme Court, official acts, customary international law, functional immunity, personal immunity, separation of powers

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Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-23.

Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-23.

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