Jurisdiction, Immunity and Transnational Human Rights Litigation

This book examines the difficulties faced by human rights advocates in seeking redress transnationally for victims of human rights abuses through legal action against alleged violators. It explores the extent and limitations of universal jurisdiction, individual criminal liability, the exclusion of criminal proceedings from the law on State immunity, absolute immunity for senior State officials, and the failure of national courts to give judicial cognizance to jus cogens. Xiaodong Yang argues that a fundamental change in current international law is needed to achieve an international dimension in the protection of human rights.

Format: Hardback
Length: 256 pages
Publication date: 05 January 2024
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate challenges and complexities faced by human rights advocates when seeking redress transnationally for victims of human rights abuses. It explores, from the perspective of public international law, the various issues and difficulties encountered in pursuing legal action against alleged violators of human rights, primarily through the means of bringing cases against those responsible. The central focus of the book revolves around the question of whether and how remedies can be obtained in cases of human rights violations committed by foreign nationals outside the territory of the forum State, particularly in situations where the State in whose territory the offenses were committed, or the national State of the alleged offender, is either unwilling or unable to exercise jurisdiction.

The book examines in depth the core issues involved in transnational human rights litigation, including:

The extent and limitations of universal jurisdiction in current international law.
The scope of individual criminal liability and the extent to which current international law has allowed such liability to be pursued and enforced in various fora.
The current exclusion of criminal proceedings from the law on State immunity, absolute immunity for senior State officials even in cases involving international crimes, and the failure of national courts to recognize the argument of jus cogens.

Before concluding, the book takes a closer look at immunity before international tribunals, exploring how far these tribunals can provide a viable alternative avenue for addressing the difficulties outlined throughout the book. By highlighting the inadequacies of current international law in dealing with extra-forum-State human rights violations, Xiaodong Yang makes a compelling case for a fundamental change in the legal framework to ensure the effective protection of human rights on a global scale.

This insightful and thought-provoking book is a valuable resource for scholars, practitioners, and policymakers engaged in the field of human rights. It sheds light on the complex dynamics and challenges involved in seeking justice for victims of human rights abuses, and provides valuable insights into the legal mechanisms and strategies available to combat such violations.

Dimension: 234 x 156 (mm)
ISBN-13: 9780415666381