immunity of heads of state and state officials for international crimes

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Immunity Of Heads Of State And State Officials For International Crimes

Author : Ramona Pedretti
ISBN : 9789004287778
Genre : Law
File Size : 85. 75 MB
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Ramona Pedretti offers a comprehensive assessment of customary law rules on immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law.

The Law Of State Immunity

Author : Hazel Fox, QC
ISBN : 9780199647064
Genre : Law
File Size : 81. 57 MB
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The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.

State Sovereignty And International Criminal Law

Author : Morten Bergsmo
ISBN : 829308135X
Genre : Criminal jurisdiction
File Size : 59. 26 MB
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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Prosecuting Heads Of State

Author : Ellen L. Lutz
ISBN : 9780521491099
Genre : Law
File Size : 20. 85 MB
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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series In World Politics

Author : Kathryn Sikkink
ISBN : 9780393079937
Genre : Law
File Size : 40. 9 MB
Format : PDF
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Discusses the emergence of human rights prosecutions as a powerful political tool and the effect these trials have had on democracy, conflict and world politics from Latin America to Europe and Africa. 10,000 first printing.

The State Immunity Controversy In International Law

Author : Ernest K. Bankas
ISBN : 3540256954
Genre : Law
File Size : 81. 53 MB
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The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal. Furthermore, the state never acts as a juridical or natural person and, therefore, in logical terms, its functions cannot be divided into potere politico and persona civile, as a prelude to determine jurisdiction. The said Italian doctrine therefore is ex facie erroneous, and that a simple dichotomy between absolute immunity and restrictive immunity wholly predicated on the nature test alone would not be helpful in promoting justice. Hence, arbitration and comparative dominant theory are suggested instead in the resolution of this elusive problem.

The Position Of Heads Of State And Senior Officials In International Law

Author : Joanne Foakes
ISBN : 9780199640287
Genre : History
File Size : 70. 37 MB
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A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.

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