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Google圖書搜尋
The Human Rights Challenge to Immunity in International Law
Selman Özdan
出版
Springer Nature
, 2022-02-12
主題
Political Science / General
Law / International
Political Science / History & Theory
Political Science / Human Rights
Law / Criminal Law / General
ISBN
303092923X
9783030929237
URL
http://books.google.com.hk/books?id=KbNeEAAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
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.