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Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law

Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening ). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Human Rights Law Review Brill

Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law

International Human Rights Law Review , Volume 1 (1): 93 – Jan 1, 2012

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Publisher
Brill
Copyright
© 2012 by Koninklijke Brill N.V., Leiden, The Netherlands
Subject
Articles
ISSN
2213-1027
eISSN
2213-1035
DOI
10.1163/22131035-00101002
Publisher site
See Article on Publisher Site

Abstract

This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening ). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes.

Journal

International Human Rights Law ReviewBrill

Published: Jan 1, 2012

Keywords: state immunity; International Court of Justice (ICJ); Germany v Italy

There are no references for this article.