Details

Autor(en) / Beteiligte

• Massicci, Carlos Esposito

Titel

On the Emergence of an Exception to the Jurisdictional immunities of States in the Case of Grave Human Rights Violations

Ist Teil von

• Cursos de derecho internacional y relaciones internacionales de Vitoria-Gasteiz, 2007-01, p.205-223

Erscheinungsjahr

2007

Quelle

Worldwide Political Science Abstracts

Beschreibungen/Notizen

• One of the great challenges of international law is to achieve a reasonable equilibrium between a system based on the sovereignty of states & a system centered on human rights. The object of the jurisdictional immunity of states, as established by international law, is respect of the principle of the equality & independence of states. However, human rights law protects certain basic rights & freedoms of persons in the face of states & guarantees effective reparation in cases of violation of these rights. This opposition between two legitimate objectives of international law has been reflected in recent years in concrete cases where allegations of grave violations of human rights such as torture or genocide have been heard by international tribunals & justice sought through the European Tribunal of Human Rights. This paper explores such violations & what actions have been taken or proposed to prevent them from happening &/or to see that reparation is made & sentences are enforced. S. Stanton