The aim in this Thesis is to present a detailed analysis of the immunity versus impunity debate within the framework of a human rights-based challenge to immunity. There are two essential interests in international law: preserving the immunity of States and those who represent them, such as Heads of State and diplomatic agents; and protecting fundamental human rights which fall within the scope of peremptory norms of general international law. Several cases which are recently before international and national courts demonstrate that the protection of fundamental human rights is a significant challenge to the immunities. This Thesis focuses on the tension between the protection of fundamental human rights on the one hand, and the bestowal of immunity on the State and its representatives on the other. It examines the extent to which the tension affects the sovereign structure of the State, and seeks to ascertain how these immunities can be gradually eroded, if not fully abolished, in order to maintain full protection of fundamental human rights under international law. It argues that immunity should not equate to impunity when violations of fundamental human rights recognised as jus cogens norms are committed by States, Heads of State, or diplomatic agents. To make the case, this Thesis sets out the organic structures of the concepts of sovereignty and fundamental human rights. It then examines the human rights-based challenge to immunity in three instances: State immunity, Head of State immunity, and diplomatic immunity. This Thesis, in so doing, puts the notion of fundamental human rights at the centre of the immunity versus impunity debate; and, the transition from a State-centric system to a human-centric system under the microscope.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:709867 |
| Date | January 2016 |
| Creators | Ozdan, Selman |
| Publisher | Queen's University Belfast |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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