Immunity Of Heads Of State And State Officials For International Crimes
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Immunity Of Heads Of State And State Officials For International Crimes
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Author : Ramona Pedretti
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-08
Immunity Of Heads Of State And State Officials For International Crimes written by Ramona Pedretti and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-08 with Law categories.
Ramona Pedretti offers, for the first time, a comprehensive assessment of the rules of customary international law relating to immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law. The book gives the reader a full picture of this topical issue which is located at the heart of today's development of international law. It contains an in-depth evaluation of a vast amount of relevant material, ranging from domestic laws to judicial decisions of domestic and international courts. The fact that the International Law Commission is deliberating the issue with a view to drafting an international treaty underscores the book's importance and timeliness.
The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law
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Author : Rosanne Van Alebeek
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law written by Rosanne Van Alebeek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Immunity Of Heads Of State And High Ranking State Officials For International Crimes
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Author : Admir Muratović
language : en
Publisher:
Release Date : 2021
Immunity Of Heads Of State And High Ranking State Officials For International Crimes written by Admir Muratović and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Un Security Council Referrals To The International Criminal Court
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Author : Alexandre Skander Galand
language : en
Publisher: BRILL
Release Date : 2018-11-22
Un Security Council Referrals To The International Criminal Court written by Alexandre Skander Galand and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-22 with Law categories.
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Immunity Of Heads Of State
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Author : Hossein Mahdizadeh K.
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2012
Immunity Of Heads Of State written by Hossein Mahdizadeh K. and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Which Courts can Try former or serving Heads of State for commitment of Crimes under international law? First chapter analyze State practice of Belgium, Germany & French about Exercise of Universal Jurisdiction over Senior State Officials.Is Immunity creates an Obstacle, when National court exercise such jurisdiction?National courts must follow the Judgment of the International Court of Justice in the Arrest Warrant Case. Second chapter contains analysis of Charters, Statutes & Judgments of some Internationalized & International criminal courts, about persons who benefits by immunity, whether personal immunity or functional immunity. This Book balance immunity of Heads of State with end impunity of them, under conventional and customary international law.
The Position Of Heads Of State And Senior Officials In International Law
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Author : Joanne Foakes
language : en
Publisher: Oxford University Press
Release Date : 2014
The Position Of Heads Of State And Senior Officials In International Law written by Joanne Foakes and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.
A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
Criminal Immunity Of State Officials For Core International Crimes Now And In The Future
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Author : ZHONG Yuxiang
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2014-06-23
Criminal Immunity Of State Officials For Core International Crimes Now And In The Future written by ZHONG Yuxiang and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Law categories.
State Sovereignty And International Criminal Law
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19
State Sovereignty And International Criminal Law written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-19 with Law categories.
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
The Cambridge Handbook Of Immunities And International Law
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Author : Tom Ruys
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-30
The Cambridge Handbook Of Immunities And International Law written by Tom Ruys and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-30 with Law categories.
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
The State Immunity Controversy In International Law
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Author : Ernest K. Bankas
language : en
Publisher: Springer Nature
Release Date : 2022-06-08
The State Immunity Controversy In International Law written by Ernest K. Bankas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-08 with Law categories.
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
