Immunity Or Impunity
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Between Immunity And Impunity
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Author : Yuliya Zabyelina
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-31
Between Immunity And Impunity written by Yuliya Zabyelina 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 2023-12-31 with Law categories.
Examines how high-ranking public officials commit transnational crimes and avoid accountability by exploiting international law immunities.
Immunity Or Impunity
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Author : Jon Vrushi
language : en
Publisher:
Release Date : 2018
Immunity Or Impunity written by Jon Vrushi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The Human Rights Challenge To Immunity In International Law
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Author : Selman Özdan
language : en
Publisher:
Release Date : 2022
The Human Rights Challenge To Immunity In International Law written by Selman Özdan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
'The ratification and signing of international human rights conventions are one of the landmark achievements of the twentieth century, signalling the global necessity of respecting human dignity by protecting fundamental entitlements. This book significantly advances such debates with its rigorous analysis and defence of jus cogens norms to brilliantly argue that these norms must prevail over state immunity and impunity.' -Alison MacKenzie, School of Sociology, Education and Social Work, Queen's University Belfast, UK 'I commend to prospective readers Dr Selman Özdan's considerations of the tension between immunities and impunity within the rarefied air of jus cogens norms within an international human rights law paradigm. Dr Özdan does well to set out a possible road forward towards an international rule of law which ensures the absolute protection of those fundamental rights of a peremptory character.' -Jean Allain, Professor of International Law, Monash University, Australia This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate. Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mayıs University, Turkey, where he is Head of Department for Public International Law. Previously, he worked at Erciyes University School of Law. He is a member of the Society of Legal Scholars and Case Western Reserve University Law Alumni Association. His most recent book chapter appeared in The Epistemology of Deceit in a Postdigital Era: Dupery by Design (2021).
Immunity Individuals And International Law
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Author : Elizabeth H. Franey
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2011-01
Immunity Individuals And International Law written by Elizabeth H. Franey 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 2011-01 with Criminal liability (International law) categories.
State immunity protects the world's most powerful individuals from prosecution in foreign states, no matter how serious the alleged crime. This book clearly explains which individuals are immune, for what conduct and for what period. The justifications for immunity are examined and state practice, including the decisions in the Pinochet case, are analysed. This book shows that immunity is only narrowly available to the highest of state officials whilst in office, and that the immunity accorded, by consent, to special missions is otherwise sufficient. This book argues that former high state officials are not immune from prosecution for serious offences committed on the territory of other states. The analysis demonstrates that not all official conduct automatically imparts immunity from prosecution. The development of the regime for the prosecution and punishment of international crimes by international courts is considered and the perceived conflict between immunity and impunity is examined in the light of the complementarity principle of the International Criminal Court. This book is essential reading for all international lawyers, academics and students.
Torture And State Immunity
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Author : Lorna McGregor
language : en
Publisher:
Release Date : 2010
Torture And State Immunity written by Lorna McGregor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
In recent judgments, the claim has been made that immunity, as a procedural rule, does not affect substantive norms but merely diverts the claim to an alternative forum. As such, the claim is made that immunity does not equate to impunity. Yet, within a context in which the courts of the state in which the torture allegedly took place are very often unavailable and diplomatic protection does not amount to an alternative means of settlement, the provision of immunity in foreign courts contributes to, justifies, and may even constitute the resulting impunity. At the same time, the framework within which immunity is addressed tends to lend itself to such a result. Courts routinely cite sovereign equality, par in parem non habet jurisdictionem, dignity, and comity as legitimate bases on which to grant immunity without considering the evolution of these doctrines. As a result, the contemporary application of immunity is premised on 1648 understandings of doctrines such as sovereignty, thus positioning the state above the law, a result which renders the prohibition of torture impotent.
The Oxford Handbook Of International Criminal Law
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Author : Darryl Robinson
language : en
Publisher: Oxford University Press
Release Date : 2020-02-24
The Oxford Handbook Of International Criminal Law written by Darryl Robinson 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 2020-02-24 with Law categories.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Head Of State Immunity Under The Malabo Protocol
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Author : Kobina Egyir Daniel
language : en
Publisher: Developments in International
Release Date : 2021
Head Of State Immunity Under The Malabo Protocol written by Kobina Egyir Daniel and has been published by Developments in International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
In Head of State Immunity under the Malabo Protocol Kobina Egyir Daniel, offers an insightful legal analysis of Head of State immunities in international law and the role that the asymmetry of the international legal order plays in its contemporary application
Immunities In The Age Of Global Constitutionalism
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Author : Anne Peters
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-27
Immunities In The Age Of Global Constitutionalism written by Anne Peters 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 2015-01-27 with Law categories.
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Competing Narratives Of Sovereignty And Impunity
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Author : Frederik Schmidinger
language : en
Publisher:
Release Date : 2022
Competing Narratives Of Sovereignty And Impunity written by Frederik Schmidinger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
International Justice Against Impunity
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Author : Yves Beigbeder
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2005
International Justice Against Impunity written by Yves Beigbeder 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 2005 with Law categories.
This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.