L’affaire des Immunités Juridictionnelles de l’Etat (Allemagne c. Italie): La Cour Internationale de Justice à contre-sens de l’évolution du Droit International
The purpose of this article is to assess the jurisdictional immunities of the State case before the International Court of Justice. In view of the position adopted by the majority of the members of the Court, the present article aims at critically examining the arguments that tend to consider that t...
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| Format: | Article |
| Language: | French |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6344866 |
| Source: | ACDI - Anuario Colombiano de Derecho Internacional, ISSN 2145-4493, Nº. 11, 2018, pags. 21-70 |
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| Summary: |
The purpose of this article is to assess the jurisdictional immunities
of the State case before the International Court of Justice. In view
of the position adopted by the majority of the members of the Court,
the present article aims at critically examining the arguments that tend to
consider that there is a conflict between State immunity and the rules of
jus cogens, by arguing that the distinction between procedural and substantive
rules is artificial and formalistic. In addition, State immunity is of a
relative nature when serious violations of human rights and international
humanitarian law, having the status of jus cogens rules, are concerned. It
is necessary to carry out a progressive approach of State practice in the
field of State immunities, which takes into account the current development
of international law and the appearance of individuals as subjects
of international law. |
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