The human rights challenge to immunity in international law / Selman Özdan.
Özdan, Selman, author.
2022
K3240 .O93 2022
Available Online

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Title The human rights challenge to immunity in international law / Selman Özdan.
Author Özdan, Selman, author.
ISBN 9783030929237 electronic book
303092923X electronic book
9783030929220
3030929221
DOI https://doi.org/10.1007/978-3-030-92923-7
Published Cham : Palgrave Macmillan, 2022.
Language English
Description 1 online resource (xi, 202 pages)
Other Standard Identifiers 10.1007/978-3-030-92923-7 doi
Call Number K3240 .O93 2022
Dewey Decimal Classification 341.4/8
Summary 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. Selman Özdan is Assistant Professor in the School of Law at Ondokuz Mays 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).
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Available in Other Form Print version: 9783030929220
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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.

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