The Human Rights Challenge to Immunity in International Law

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.

Contrasts immunity with impunity in human rights law Argues for immunities of states, heads of state and diplomatic agents to be rescinded when they obstruct human rights Asserts that immunity should not equate to impunity when violations of fundamental human rights are at stake

Autorentext

Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mayis University, Turkey, where he is Head of Department for Public International Law. Previously, he worked at Erciyes University School of Law. He is a member of the Society of Legal Scholars and Case Western Reserve University Law Alumni Association. His most recent book chapter appeared in The Epistemology of Deceit in a Postdigital Era: Dupery by Design (2021).

Inhalt

1. Introduction.- 2. From a State-Oriented to a Human-Oriented Approach.- 3. Human Rights Recognised as Jus Cogens.- 4. State Immunity or State Impunity in Cases of Jus Cogens Violations.- 5. A Critique of the Demise of Heads of State Immunity in the Age of Human Rights.- 6. Human Rights Versus Diplomatic Immunity.- 7. Conclusion.