Belli Ac Pacis (jurnal hukum internasional)
Vol 7, No 1 (2021): June 2021

THE PRACTICE OF SENIOR STATE OFFICER'S DIPLOMATIC IMMUNITY AGAINST SERIOUS VIOLATIONS OF HUMAN RIGHTS BY INTERNATIONAL COURT JURISPRUDENCE

Nadia Salsabila (Faculty of Law, Universitas Sebelas Maret)
Erna Dyah Kusumawati (Faculty of Law, Universitas Sebelas Maret)



Article Info

Publish Date
01 Jun 2021

Abstract

This study examines the extend to the applicability of diplomatic immunity rights for senior officials against gross human rights violations they have committed. Toa achieve such aim, the author analysed the different types of immunity granted by international law to state officials, the reasons for the conferment of this immunity, and whether they apply in cases in which it is alleged that an official has committed an international crime. By using a statutory and case approach, the author examines several cases heard before international courts to compare the implementation of immunity rights. The author argues that both immunity ratione materiae and immunity ratione personae cannot be applied to cases that constitute gross violations of human rights. Moreover, instead did not agree with the argument which have been put forward by scholars and ICJ in support of the contrary. 

Copyrights © 2021






Journal Info

Abbrev

belli

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Modern international law in the last few decades has experienced very rapid development, this is characterized by the emerge of the State in a modern sense, as well as a legal system that regulates relations between countries and international legal entities with each other. Relations between ...