HUMAN RIGHT IN CONFRONTATION WITH STATE IMMUNITY
Journal Title: European Journal of Business and Social Sciences - Year 2014, Vol 3, Issue 3
Abstract
Human right is not only a political and moral concept but also a legal one. The origins and applicability of international law has been examined more and more by those who seek redress for historic human right violations committed. Also, various courts around the world are being asked to apply international law to these matters to determine whether reparations are due to atrocities committed long ago or not. Immunity of state is one of the important issues of international law for governments. As a result of the sovereign equity principle, no state accepted pursuing and proceeding in the courts of another states. The aim of the current research was to clarify the International Court of Justice’s (ICJ) point of view on immunity of state facing human right breach. The core finding of this paper showed that serious violations of human right do not justify denying state’s immunity. The International Court of Justice clearly acknowledged that state’s immunity is not dependent on the gravity of unlawful act.
Authors and Affiliations
Seyed Bagher Mirabbassi| Associate Professor, Department of Law, Tehran University, Tehran, Iran. Email: mirabbassi@parsilo.com, Fereshte Sadat Hosseiny| M. A. Student of International Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Iran. Email: hosseiny2012@yahoo.com, Fereshte Sadat Hosseiny| (Corresponding Author) M. A. Student of International Law, Kermanshah Science and Research of Branch, Islamic Azad University, Kermanshah, Iran. Email: hosseiny2012@yahoo.com Phone: +9809193074266
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