The Human Rights Challenge to Immunity in International Law

This book explores how to erode or abolish immunity to ensure full protection of jus cogens human rights under international law. It 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.

Format: Paperback / softback
Length: 202 pages
Publication date: 14 February 2023
Publisher: Springer Nature Switzerland AG

This book delves into the complex interplay between the protection of human rights, which are deemed jus cogens (peremptory) norms, and the granting of immunity to the state and its 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 under international law. 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 substantiate 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. Furthermore, it explores the transition from a state-centric system to a human-centric system, which is essential in addressing the challenges posed by immunity.

The book's insights are valuable for scholars, policymakers, and activists who are committed to promoting the rule of law and the protection of human rights on a global scale. It sheds light on the delicate balance between the need for immunity and the imperative to hold individuals and institutions accountable for their actions, particularly when they violate the most fundamental rights of humanity.

Weight: 288g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030929251
Edition number: 1st ed. 2022