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Author : Franciszek Przetacznik
Publisher : BRILL
Page : 420 pages
File Size : 46,7 Mb
Release : 1983
Category : Law
ISBN : 9024727219
Author : F Przetacznik
Publisher : Martinus Nijhoff Publishers
Page : 410 pages
File Size : 48,7 Mb
Release : 1983-04
Category : Law
ISBN : 9789004637283
Author : Joanne Foakes
Publisher : OUP Oxford
Page : 256 pages
File Size : 51,6 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191632167
The legal position in international law of heads of states and other senior state representatives is at the heart of the conflict thrown up by recent changes in the international legal order. The establishment of the International Criminal Court and the ad hoc criminal tribunals reflects a growing belief that heads of states and other senior state representatives should be held accountable for serious violations of international law. It is now questioned whether foreign states and their officials still have immunity from proceedings concerning grave human rights abuses in national courts. This book provides a comprehensive treatment of this key issue, covering both civil and criminal proceedings before domestic courts and the position before international courts and tribunals. The positions of both serving and former heads of states are examined and, where appropriate, so is that of their family members. The wide variety of constitutional forms and titles enjoyed by heads of states and senior state representatives is considered and their internationally relevant powers and functions outlined. The implications of recognition or lack of it are assessed, together with the practical and legal consequences of loss of office and/or exile in a foreign state. In examining the position of heads of state and other senior representatives in foreign states, attention is given to the question of immunities before the local courts, and to other privileges, protections, and courtesies to which they may be entitled. The book draws a distinction between the personal immunity (ratione personae) enjoyed by heads of states which derive from their status or office, and the official act immunity (ratione materiae) enjoyed by all state officials. It closely examines the relationship between state immunity as it has developed under the restrictive doctrine and the immunities to which individuals are entitled. Careful consideration is given to separate regimes of international immunities such as special missions.This systematic analysis of the legal position of heads of states takes into account the history of the subject, relevant state practice (judicial and legislative), the impact of relevant international treaties, and international judicial or arbitral decisions on the matter.
Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
Author : Ramona Pedretti
Publisher : Martinus Nijhoff Publishers
Page : 508 pages
File Size : 51,9 Mb
Release : 2014-11-26
Category : Law
ISBN : 9789004287778
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.
Author : Rosanne Van Alebeek
Publisher : OUP Oxford
Page : 488 pages
File Size : 50,8 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780191552540
The development of international human rights law and international criminal law has triggered the question whether states and their officials can still shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved. The Pinochet case was the first case that put this issue in the limelight of international attention. Since then, the question has been put to several domestic and international courts, and has engaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international human rights law and international criminal law without the simultaneous development of international institutional enforcement mechanisms had brought the question of the role of national courts in the application of these norms to the fore and has made the question as to the relation between immunity rules and human rights and international criminal law an immediate one. The tension between the centuries old immunity rules and the relatively recent developments in international human rights law and international criminal law presents itself in two distinct forms. In the first place it can be questioned whether immunity rules as such are compatible with certain fundamental rights of individuals under international law such as the rights of access to court, the right to a remedy, or the right to effective protection. Secondly, it can be questioned whether immunity rules apply unabridged in proceedings concerning grave human rights abuses. In its examination of these two questions this book sets out to clearly distinguish the different scope and nature of the rule of state immunity, the rule of functional immunity and the personal immunity of diplomatic agents and heads of state. While strong arguments against certain applications of immunity rules can be derived from international human rights law and international criminal law, this book argues that an unqualified attack on immunity rules risks casting a shadow over all human rights based arguments.
Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 300 pages
File Size : 44,6 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004303140
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Author : H. G. Van Der Wilt,Harmen van der Wilt,Jeroen Vervliet
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 46,5 Mb
Release : 2012-05-16
Category : Law
ISBN : 9789004153288
Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
Author : Anonim
Publisher : Unknown
Page : 44 pages
File Size : 54,8 Mb
Release : 1998
Category : Diplomatic privileges and immunities
ISBN : NYPL:33433067763700
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 54,9 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : M Cherif Bassiouni
Publisher : Martinus Nijhoff Publishers
Page : 978 pages
File Size : 51,7 Mb
Release : 2023-04-17
Category : Law
ISBN : 9789004531970
An extensive body of law designed to control international terror violence has come into being, and it is this assembly of reports and resolutions, conventions and scattered treaty provisions that we must rely on as we move toward an enforceable, unambiguous anti-"terrorism" regime in international law. These legal instruments are gathered together for the first time in this definitive two volume set. The only published source of all United Nations documentation since 1972 on the subject of "terrorism"--including all 180 reports and resolutions adopted since that date and up to June 2001. Plus, an introductory article by the editor provides a forward-looking view of the evolving challenges in combating the ever-changing manifestations of terror violence. Published under the Transnational Publishers imprint. The print edition is available as a set of two volumes (9781571052278).
Author : Eileen Denza
Publisher : Oxford University Press
Page : 560 pages
File Size : 41,9 Mb
Release : 2016-01-14
Category : Law
ISBN : 9780191009136
The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 46,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
Author : Alexandre Skander Galand
Publisher : BRILL
Page : 278 pages
File Size : 49,6 Mb
Release : 2018-11-22
Category : Law
ISBN : 9789004342217
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Author : J. Craig Barker
Publisher : Routledge
Page : 241 pages
File Size : 53,6 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317018780
The recent emergence of many new states and the creation of a large number of international institutions have resulted in considerable growth in the number of persons having diplomatic status. However, an unfortunate side-effect of this growth has been a corresponding increase in the number of attacks on diplomatic personnel, as symbolic figures diplomats are targets for all types of political violence. This book provides an in-depth examination of the legal and non-legal regimes directed towards the protection of diplomatic personnel around the world. It examines the theoretical and practical justifications for the granting of special protection to such personnel and also particular recent developments in international law relating to the prevention of terrorism and the development of international criminal law, including the International Criminal Court.