The Immunity of States and Their Officials in International Criminal Law and Int

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This book offers the first comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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 hasengaged the minds of scholars and politicians around the world. This book examines the tension between international immunity rules, international human rights law, andinternational 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 thecenturies 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 bequestioned 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 ruleof 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 bederived 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.

Back Cover

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Author Biography

1991-1997: Master degrees in international and civil law, Leiden University (Cum Laude)1997-1998: Magister Juris in European and Comparative Law, Oxford University (First Class)1998-1999: Master of Studies, Oxford University (Distinction)1999-2003: Doctoral research fellow, Meijers Institute for Legal Research, Leiden University2005-2006: University lecturer, Leiden University2006: PhD, Leiden University (Cum Laude)2006- : Assistant Professor, Department of International Law, University of Amsterdam

Table of Contents

1: Introduction2: State Immunity3: The Independence and Equality of States as Limits on the Essential Competence of National Courts4: Personal Immunity5: The Immunity of State Officials in the Light of Obligations of Individuals under International Law6: The Immunity of States and their Officials in the Light of the Fundamental Rights of Individuals under International Law7: Conclusion

Review

`Rosanne van Alebeek's work makes an important contribution to the debate concerning the compatability of jurisdictional immunities with human rights...Van Alebeek offers a bold re-interpretation of the immunities enjoyed by States and their officials under public international law...[she] contributes a number of fresh insights and analytical tools to a longstanding debate and for that reason deserves to be widely read.'Aurel Sari. University of Exeter, The British Yearbook of International Law. Issue 79`Roseanne Van Alebeek is to be heartily congratulated on the breadth and depth of her research, on her rich, creative, and sustained...argumentation, and on her bracingly and courageously contrarian outlook.'Roger O'Keefe, Leiden Journal of International Law, vol 23

Promotional

Examines the tension between international immunity rules, international human rights law, and international criminal law.

Long Description

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 hasengaged 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 rightslaw 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 andinternational 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 toeffective 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 derivedfrom 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.

Review Text

`Rosanne van Alebeek's work makes an important contribution to the debate concerning the compatability of jurisdictional immunities with human rights...Van Alebeek offers a bold re-interpretation of the immunities enjoyed by States and their officials under public international law...[she] contributes a number of fresh insights and analytical tools to a longstanding debate and for that reason deserves to be widely read.'Aurel Sari. University of Exeter, The British Yearbook of International Law. Issue 79`Roseanne Van Alebeek is to be heartily congratulated on the breadth and depth of her research, on her rich, creative, and sustained...argumentation, and on her bracingly and courageously contrarian outlook.'Roger O'Keefe, Leiden Journal of International Law, vol 23

Review Quote

"Rosanne van Alebeek's work makes an important contribution to the debate concerning the compatability of jurisdictional immunities with human rights...Van Alebeek offers a bold re-interpretation of the immunities enjoyed by States and their officials under public international law...[she] contributes a number of fresh insights and analytical tools to a longstanding debate and for that reason deserves to be widely read." --Aurel Sari. University of Exeter, The British Yearbook of International Law. Issue 79 "Roseanne Van Alebeek is to be heartily congratulated on the breadth and depth of her research, on her rich, creative, and sustained...argumentation, and on her bracingly and courageously contrarian outlook." --Roger O'Keefe, Leiden Journal of International Law, vol 23

Feature

Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases.The first comprehensive treatment of the subject for both civil and criminal proceedings

Details ISBN0199232474 Author Rosanne Van Alebeek Short Title IMMUNITIES OF STATES & THEIR O Series Oxford Monographs in International Law Language English ISBN-10 0199232474 ISBN-13 9780199232475 Media Book Format Hardcover DEWEY 342.088 Year 2008 Imprint Oxford University Press Place of Publication Oxford Country of Publication United Kingdom Edition 1st Illustrations black & white illustrations DOI 10.1604/9780199232475 UK Release Date 2008-03-06 AU Release Date 2008-03-06 NZ Release Date 2008-03-06 Edited by Herman van de Werfhorst Birth 1955 Death 1985 Affiliation Professor of Sociology, University of Amsterdam Position Professor of Sociology Qualifications QC Pages 488 Publisher Oxford University Press Publication Date 2008-03-06 Audience Professional & Vocational We've got this

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