State Immunity For Torture
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State Immunity For Torture
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Author : Ed Bates
language : en
Publisher:
Release Date : 2010
State Immunity For Torture written by Ed Bates 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.
The House of Lords ruling in Jones v Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (the Kingdom of Saudi Arabia) and others sets an important precedent in the field of international civil claims for torture. It was also the first to address in detail the ratio of the seminal judgment in Pinochet No. 3, a ruling that has given rise to much speculation as to the relationship between State immunity, jus cogens norms and human rights. This article explores the significance of the Jones case, and, in the light of that ruling, comments more generally upon the wider issue of the extent to which State immunity acts as a barrier to international legal actions for torture brought in domestic courts in both the civil and criminal spheres.
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 International Law Of State Immunity
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Author : Parinaz Lak
language : en
Publisher:
Release Date : 2014
The International Law Of State Immunity written by Parinaz Lak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Government liability (International law) categories.
Immunities And The Right Of Access To Court Under Article 6 Of The European Convention On Human Rights
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Author : Matthias Kloth
language : en
Publisher: BRILL
Release Date : 2010-03-02
Immunities And The Right Of Access To Court Under Article 6 Of The European Convention On Human Rights written by Matthias Kloth and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-02 with Law categories.
Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
The Jurisdictional Immunity Of States In National Civil Proceedings For Allegation Of Torture
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Author : Martin J. Hemmi
language : de
Publisher:
Release Date : 2020-02-07
The Jurisdictional Immunity Of States In National Civil Proceedings For Allegation Of Torture written by Martin J. Hemmi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-07 with Law categories.
Immunity V Accountability
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Author : Lorna McGregor
language : en
Publisher:
Release Date : 2005
Immunity V Accountability 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 2005 with Torture (International law) categories.
Immunity For Torture
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Author : Noah Benjamin Novogrodsky
language : en
Publisher:
Release Date : 2010
Immunity For Torture written by Noah Benjamin Novogrodsky 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.
This article assesses the implications of the Canadian case of Bouzari v. Islamic Republic of Iran in which sovereign immunity barred recovery against a foreign state for acts of torture. Part 2 describes the case and the courts' rejection of arguments centred on the hierarchy of jus cogens norms, implied waiver and common law principles. Part 3 evaluates parallel developments in the United States and demonstrates the commonalities and differences associated with efforts to overcome immunity in the two countries. Part 4 examines potential amendments to Canada's State Immunity Act with a view to balancing considerations of comity with a just and workable means of holding states accountable for grave human rights abuses.
Fighting International Impunity In Canadian Courts
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Author :
language : en
Publisher:
Release Date : 2014
Fighting International Impunity In Canadian Courts written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
As one author aptly puts it, "state immunity is the oil that lubricates international relations." 6 The principle of state immunity and the related doctrines of head of state and diplomatic immunity have thus long been a feature of the international system, and prior to the beginning of the twentieth century, the presumption that sovereign immunity was as an absolute bar to the jurisdiction of a f [...] In the cases of Bouzari and Al-Adsani, the courts have resolved the tension in favour of the domestic state immunity statutes, which in both cases were found to be a complete bar to the actions, even in the case of acts of torture. [...] In the face of horrific conduct, the international community should have as its objective the care of the victims as much as the punishment of the offenders."21 If there is a tension between the prohibition on torture and the law of state immunity, there are good reasons to resolve the dispute in favour of the victims whose rights Canada has bound itself to protect and uphold. [...] While the majority adopted the formalist position that there was no "firm basis" for revoking state immunity in the case of torture, the dissent strongly supported the notion that the jus cogens character of the prohibition trumped the lower-ranking law of immunities and therefore required changes in state practice with regard to domestic legislation.78 The dissent of Judges Rozakis and Caflisch e [...] The jurisdictional bar is lifted by the very interaction of the international rules involved, and the national judge cannot admit a plea of immunity raised by the defendant state as an element preventing him from entering into the merits of the case and from dealing with the claim of the applicant for the alleged damages inflicted upon him.
Survivors Of Torture Victims Of Law
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Author : Prasanna Venkataswami Ranganathan
language : en
Publisher:
Release Date : 2007
Survivors Of Torture Victims Of Law written by Prasanna Venkataswami Ranganathan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Exceptions (Law) categories.
Immunity V Accountability
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Author : REDRESS.
language : es
Publisher:
Release Date : 2005
Immunity V Accountability written by REDRESS. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.