Selman OEzdan
The Human Rights Challenge to Immunity in International Law
The Human Rights Challenge to Immunity in International Law
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This book explores how these immunities can be eroded to maintain full protection of jus cogens human rights under international law.
Format: Hardback
Length: 202 pages
Publication date: 13 February 2022
Publisher: Springer Nature Switzerland AG
This book delves into the complex interplay between the protection of human rights, which are considered peremptory norms under international law, and the granting of immunity to states and their representatives. It seeks to explore ways in which these immunities can be eroded, if not entirely abolished, to ensure the full protection of jus cogens human rights. The book argues that immunity should not be equated with impunity when violations of jus cogens human rights are committed by states, heads of state, or diplomatic agents. To support this argument, the book examines the organic structures of the concepts of sovereignty and fundamental human rights. It then presents a human rights-based challenge to immunity, specifically with regard to state, head of state, and diplomatic immunity, and explores the transition from a state-centric system to a human-centric system.
The book highlights the importance of accountability and responsibility in upholding human rights, regardless of the status or immunity of the perpetrator. It emphasizes the need for robust mechanisms to investigate and prosecute violations of jus cogens human rights, including the establishment of independent international tribunals and the strengthening of national institutions. The book also explores the role of international law and the international community in promoting and protecting human rights, including the responsibility to intervene and provide assistance to states facing human rights violations.
In conclusion, this book provides a comprehensive analysis of the tension between the protection of human rights and the immunity of states and their representatives. It offers insights into the challenges and opportunities for achieving a more just and equitable world, where the rights and dignity of all individuals are upheld and protected.
Weight: 412g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030929220
Edition number: 1st ed. 2022
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