The Nature of Moral Human Rights
In: The Moral Dimensions of Human Rights, p. 17-40
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In: The Moral Dimensions of Human Rights, p. 17-40
In: The national interest, Issue 111, p. 81-89
ISSN: 0884-9382
In: Annual review of political science, Volume 13, p. 165-183
ISSN: 1094-2939
In: Texas international law journal, Volume 46, Issue 1, p. 151-209
ISSN: 0163-7479
In: Peace review: the international quarterly of world peace, Volume 22, Issue 4, p. 432-440
ISSN: 1040-2659
In: Ethnopolitics, Volume 9, Issue 2, p. 290-292
ISSN: 1744-9057
In: Social sciences in China, Volume 30, Issue 2, p. 152-165
ISSN: 1940-5952
In: International journal of refugee law, Volume 21, Issue 2, p. 374-376
ISSN: 1464-3715
In: Societies without borders, Volume 4, Issue 3, p. 273-294
ISSN: 1872-1915
In: Ethics & international affairs, Volume 23, Issue 1, p. 27-37
ISSN: 1747-7093
In: The British yearbook of international law, Volume 79, Issue 1, p. 86-193
ISSN: 2044-9437
In: Relativism and Human Rights, p. 111-152
In: The Limits of Ethics in International Relations, p. 311-330
In: The Limits of Ethics in International Relations, p. 285-310
To what extent are state officials held accountable for their actions? This essay will examine a specific aspect of this question, namely whether there is an exception to the general rule that the Head of State, Head of Government and Foreign Minister are immune from prosecution in another country's national courts for serious international crimes. It will begin with a brief review of the relevant treaty provisions relating to immunity of state officials. Second, it will examine some pre-Arrest Warrant case law specifically on the issue of potential exceptions to the immunity rule for state officials. Third, it will review the Arrest Warrant Case, an ICJ decision that halted this trend and discuss some of the issues left unresolved by the decision. Fourth, it will review the ICJ's discussion of immunity post-Arrest Warrant in Djibouti v. France. Finally, it will explore the concept of jus cogens and whether this could help reconcile the competing interests (state sovereignty and accountability for serious international crimes) at play in this issue. This essay will conclude that while the jus cogens nature of serious international crimes does not equate to an automatic carte blanche for removing immunity, it does strongly support the developing norm of limited exceptions to the general rule of immunity.
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