The Human Rights Challenge to Immunity in International Law

by Selman ïzdan

Overview

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.

Product Details

ISBN-13:	9783030929251
Publisher:	Springer International Publishing
Publication date:	02/13/2022
Edition description:	1st ed. 2022
Pages:	202
Product dimensions:	5.83(w) x 8.27(h) x 0.00(d)

About the Author

Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mayıs 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).

Table of Contents

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.

What People are Saying About This

From the Publisher

“This timely and thoroughly researched book makes an important contribution to the topical issue of when, if at all, states and their leaders should be granted immunity for their actions which violate certain universally recognised fundamental human rights standards. The study constitutes a significant step along the path towards full accountability of international players for their conduct.” (Brice Dickson, Emeritus Professor of International and Comparative Law, Queen's University Belfast, UK)

“I commend to prospective readers Selman Özdan’s considerations of the tension between immunities and impunity within the rarefied air of jus cogens norms within an international human rights law paradigm. Dr Özdan does well to set out a possible road forward towards an international rule of law which ensures the absolute protection of those fundamental rights of a peremptory character.” (Jean Allain, Professor of International Law, Monash University, Australia)

“The ratification and signing of international human rights conventions are one of the landmark achievements of the twentieth century, signalling the global necessity of respecting human dignity by protecting fundamental entitlements. This book significantly advances such debates with its rigorous analysis and defence of jus cogens norms to brilliantly argue that these norms must prevail over state immunity and impunity.” (Alison MacKenzie, Senior Lecturer and a member of Centre for Children's Rights, Queen's University Belfast, UK)

“Selman Özdan’s The Human Rights Challenge to Immunity in International Law makes a strong contribution to the field. The monograph shines a light directly onto the existing challenges, tensions and contradictions surrounding human rights and immunities. It draws on a rich body of research, is very well written and cogently argued. A must-read for all those interested in international law and, specifically, human rights.” (Faith Gordon, Associate Professor, ANU College of Law, The Australian National University)