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Spanish

ID: <

oai:doaj.org/article:6004ef55a5944d09bcb1f0e73066a9ce

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Immunity from jurisdiction against human rights-related jus cogens rules: a case law analysis in the light of the fragmentation of international law

Abstract

La This investigation seeks to address the immunity of States and international organisations, as well as the of its officials and other servants. The complexities of the issue addressed in this work give rise to a number of questions of particular interest, which are summarised in the problem of the exceptions to the principles of immunity referred to above, beyond the express renunciation by the persons benefiting from them. We intend to analyse the evolution of international law in this area and to show that, although there is no uniform rule for determining under which restrictive circumstances, beyond the waiver, the immunity from jurisdiction of States and international organisations can be waived, it is possible to observe a tendency in case-law to argue that, where jus cogens rules relating to human rights are at issue, immunity from jurisdiction States and International Organisations must give up.

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