The Immunity Of States And Their Officials In International Criminal Law And International Human Rights Law
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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.
The Immunity Of States And Their Officials In The Light Of International Criminal Law And International Human Rights Law
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Author : Rosanne van Alebeek
language : en
Publisher:
Release Date : 2006
The Immunity Of States And Their Officials In The Light Of International Criminal Law And International Human Rights Law written by Rosanne van Alebeek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Immunity And International Criminal Law
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Author : Yitiha Simbeye
language : en
Publisher: Routledge
Release Date : 2017-03-02
Immunity And International Criminal Law written by Yitiha Simbeye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Two events occurred in 1998 that had far-reaching consequences for international justice: the adoption of the Statute for the International Criminal Court by the Diplomatic Conference of Plenipotentiaries in Rome (the Rome Statute); and the arrest in London of former President Pinochet for crimes against humanity. These events are, for many, the culmination of attempts to seek legal redress against those who commit international crimes. This stimulating, ground-breaking book debates the issues raised by international crimes. It highlights the two competing international law needs that must be addressed in this situation: the pursuit of international justice (which international criminal law purports to uphold), and the maintenance of international peace and security - an important rationale for the immunities of state officials abroad.
State Immunity In International Law
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Author : Xiaodong Yang
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27
State Immunity In International Law written by Xiaodong Yang 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 2012-09-27 with Law categories.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
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 Human Rights Challenge To Immunity In International Law
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Author : Selman Özdan
language : en
Publisher: Springer Nature
Release Date : 2022-02-12
The Human Rights Challenge To Immunity In International Law written by Selman Özdan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-12 with Political Science categories.
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.
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.
The Law Of State Immunity
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Author : Hazel Fox
language : en
Publisher: OUP Oxford
Release Date : 2013-08-29
The Law Of State Immunity written by Hazel Fox and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
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.
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.