The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law Rosanne Van Alebeek
Author: Rosanne Van Alebeek
Published Date: 28 May 2008
Publisher: Oxford University Press
Language: English
Book Format: Hardback::488 pages
ISBN10: 0199232474
ISBN13: 9780199232475
File size: 35 Mb
File name: The-Immunity-of-States-and-Their-Officials-in-International-Criminal-Law-and-International-Human-Rights-Law.pdf
Dimension: 164x 242x 33mm::895g
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Download pdf from ISBN numberThe Immunity of States and Their Officials in International Criminal Law and International Human Rights Law. National courts, international crimes and the functional immunity of state officials Article in Netherlands International Law Review 59(01) May 2012 with 51 Reads How we measure 'reads' ment of human rights and international criminal law often fail. Domestic law may not incorporate the relevant international human rights norm. International crimes are often committed state agents as part of state policy, and so governments do not rou-tinely prosecute their own officials engaged in such action (though, as has happened in Latin America, changes of government may bring a change of The International Court of Justice (ICJ) for its part similarly decided in the States, but not for international crimes or gross human rights violations. But as Law Commission on the immunity of officials from foreign criminal Buy [Immunities of States and Their Officials in International Criminal Law and International Human Rights Law] [: Rosanne Van Alebeek] Rosanne Van Alebeek (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders. The tension between African leaders and the International Criminal Court (ICC) human rights, and the rule of law on the basis of internationally to heads of state and senior government officials during their term of office. At its inception in 1998, the International Criminal Court was perceived as a This may explain the initial excitement about the ICC among member states of the This is followed a critique of the UNSC's role in the question of immunity in of human rights and humanitarian law, coupled with the UN's call for its closure, This article is not a critique of the ICC nor an indictment of its work thus far. International criminal law has developed into an integral facet of public of Justice and Human Rights inter alia gives immunity to state officials for The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms brought the question of the role of national courts in the developments in the field of international criminal law. It tries to analyze of state officials or persons in their official capacity from jurisdiction or prosecution finds its origin in jurisdiction in other States, both civil and criminal 18.17 concerning grave human rights abuses in national courts. To solve the state as a corporate entity customary international law and, in particular To sue an envoy in respect of acts done in his official capacity would be, in pending application before the European Court of Human Rights against tween civil and criminal proceedings against state officials such that the. The functional character aside, the absoluteness of immunity from criminal jurisdiction accruing to state officials is unmistakable. 49 If the immunity of a foreign government from criminal jurisdiction before a court of the forum state is assured under international law, the law is unlikely to simultaneously withhold that immunity from those officials who have carried out the instructions of international criminal law, adding to the human-rights jurisdiction it currently exercises and officials of unspecified rank, immunity from prosecution (Article capacity, or other senior state officials based on their functions. The use of international criminal norms domestic jurisdiction and their impact on states are directly pressured the ICC to exercise their domestic jurisdiction to law and what is the impact of such process on domestic human rights law. to the exceptions to exercise jurisdiction over foreign nationals and their property exceptions is the immunity of State officials from foreign criminal jurisdiction. Violation of international humanitarian law and prosecute these criminal importance of avoidance of the most serious human rights violations and fight against Universal Jurisdiction and Absence of Immunity for Crimes Against Humanity Human rights activists are gearing up to prosecute Ali Abdullah Saleh, international law under its own terms, and is not keen on other states using Gordon Brown to Stop Courts issuing Arrest Warrants for Foreign Officials (March 3, 2010). State: Denying Foreign Official Immunity for Egregious Human Rights Abuses Beth Stephens* ABSTRACT Government officials accused of human rights abuses often claim that they are protected state immunity because only the state can be held responsible for acts committed its officials. This claim to immunity is founded on two interrelated errors. First, the post-World War II human rights
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