The Human Rights Challenge to Immunity in International Law

Human Rights › International Law

The Human Rights Challenge to Immunity in International Law

By Selman Ozdan
Palgrave Macmillan February 2023

Specifications

ISBN-13
9783030929251
Publisher
Palgrave Macmillan
Publication
February 2023
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

Chapter 1: Introduction
Background - Motivation and Approach of the Book - Structure of the Book - Notes - References
Chapter 2: From a State-Oriented to a Human-Oriented Approach
Sovereignty - State Sovereignty under International Law - Growing Tension Between Human Rights and State Sovereignty - Conclusion - Notes - References
Chapter 3: Human Rights Recognised as Jus Cogens
Evolving Human Rights to International Legal Dimension - The Concept of Jus Cogens Norms - Hierarchy among Human Rights with respect to Jus Cogens - Differentiation of Jus Cogens Human Rights from Non-Derogabality - Human Rights Recognised as Jus Cogens - Conclusion - Notes - References
Chapter 4: State Immunity or State Impunity in cases of Jus Cogens Violations
Bases of State Immunity - State Immunity under International Law - Absolute and Restrictive Immunity - Controversial Exceptions - Tension between State Immunity and Violations of Jus Cogens Norms - Picking Holes in the ICJ Judgment - Conclusion - Notes - References
Chapter 5: A Critique of the Demise of Heads of State Immunity in the Age of Human Rights
Identification of Head of State - Question of Head of State Immunity: Pinochet, Taylor, and Habre - Developments of Head of State Immunity in International Legal System - The Problem of Head of State Immunity in relation to Violations of Jus Cogens Norms - Ending Impunity for Heads of State - Conclusion - Notes - References
Chapter 6: Human Rights versus Diplomatic Immunity
On Diplomacy - Development of Diplomatic Immunity in International Law - Theoretical Grounds for Diplomatic Immunity - Diplomatic Immunity - Efforts to Limit Diplomatic Immunities Provided by the Vienna Convention - Personal and Functional Immunities for Diplomatic Agents - Diplomatic Immunity versus Diplomatic Impunity - Conclusion - Notes - References
Chapter 7: Conclusion
Notes - References
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