Human Rights

The Jurisdictional Immunity of States for Gross Human Rights Violations

By Anna Facchinetti
Coming Soon Brill Academic Publishers Available September 2026

Specifications

ISBN-13
9789004712249
Publisher
Brill Academic Publishers
Publication
September 2026
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

As the current immunity regime produces unfair results at the normative level, this book addresses the question of how to feasibly restrict State immunity from jurisdiction in case of gross violations of human rights, in light of States’ resistance to a general jus cogens/human rights exception. The central thesis of the book is that justice may be achieved by a more limited human rights exception to immunity, based on an enlarged forum tort exception. To build such an exception, the book draws on private international law rules on jurisdiction, bringing together the disciplines of public and private international law.

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