The human rights challenge to immunity in international law

著者

書誌事項

The human rights challenge to immunity in international law

Selman Özdan

Palgrave Macmillan, 2022

  • : hbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

Chapter 1: IntroductionBackgroundMotivation and Approach of the BookStructure of the BookNotesReferences Chapter 2: From a State-Oriented to a Human-Oriented ApproachSovereigntyState Sovereignty under International LawGrowing Tension Between Human Rights and State SovereigntyConclusionNotesReferences Chapter 3: Human Rights Recognised as Jus CogensEvolving Human Rights to International Legal DimensionThe Concept of Jus Cogens NormsHierarchy among Human Rights with respect to Jus CogensDifferentiation of Jus Cogens Human Rights from Non-DerogabalityHuman Rights Recognised as Jus CogensConclusionNotesReferences Chapter 4: State Immunity or State Impunity in cases of Jus Cogens ViolationsBases of State ImmunityState Immunity under International LawAbsolute and Restrictive ImmunityControversial ExceptionsTension between State Immunity and Violations of Jus Cogens NormsPicking Holes in the ICJ JudgmentConclusionNotesReferences Chapter 5: A Critique of the Demise of Heads of State Immunity in the Age of Human RightsIdentification of Head of StateQuestion of Head of State Immunity: Pinochet, Taylor, and HabreDevelopments of Head of State Immunity in International Legal SystemThe Problem of Head of State Immunity in relation to Violations of Jus Cogens NormsEnding Impunity for Heads of StateConclusionNotesReferences Chapter 6: Human Rights versus Diplomatic ImmunityOn DiplomacyDevelopment of Diplomatic Immunity in International LawTheoretical Grounds for Diplomatic ImmunityDiplomatic ImmunityEfforts to Limit Diplomatic Immunities Provided by the Vienna ConventionPersonal and Functional Immunities for Diplomatic AgentsDiplomatic Immunity versus Diplomatic ImpunityConclusionNotesReferences Chapter 7: ConclusionNotesReferences

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