The human rights challenge to immunity in international law / Selman Özdan.

The human rights challenge to immunity in international law / Selman Özdan.

Cham, Switzerland : Palgrave Macmillan, [2022]

xi, 202 pages ; 22 cm

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.

Includes bibliographical references and index.

ebook version :

KZ1266 .O93 2022

English

9783030929220 (hardback)
3030929221
9783030929237 (PDF ebook)