The Human Rights Challenge to Immunity in International Law (Paperback) (ISBN-13: 9783030929251)

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.

Author: Selman ﾖzdan
ISBN-10: 3030929256
ISBN-13: 9783030929251
Publisher: Palgrave MacMillan
Language: English
Published: 02/14/2023
Pages: 202
Format: Paperback
Weight: 0.58lbs
Size: 8.27h x 5.83w x 0.46d