JUS COGENS AND JURISDICTIONAL IMMUNITIES OF STATES AT THE INTERNATIONAL COURT OF JUSTICE: “A CONFLICT DOES EXIST”

2011 ◽  
Vol 21 (1) ◽  
pp. 161-174 ◽  
Author(s):  
Carlos Espósito
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Jus Cogens

II. INTERNATIONAL COURT OF JUSTICE: QUESTIONS RELATING TO THE OBLIGATION TO EXTRADITE OR PROSECUTE (BELGIUM v SENEGAL) JUDGMENT OF 20 JULY 2012

2013 ◽  
Vol 62 (3) ◽  
pp. 753-769 ◽  
Author(s):  
Mads Andenas ◽  
Thomas Weatherall
Keyword(s):  
Human Rights ◽  
International Law ◽  
Universal Jurisdiction ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Jus Cogens ◽  
Heads Of State ◽  
Peremptory Norms

This case1 marks the first pronouncement by the International Court of Justice (ICJ) on the obligation to extradite or prosecute (aut dedere aut judicare) in international law. It is the second contentious case in which the ICJ has held the defendant country in breach of its obligations under a human rights convention. The ICJ both added to the corpus of norms it has formally recognized as peremptory norms (jus cogens) and also reinforced the principle that former heads of state are subject to universal jurisdiction for grave violations of international law.

scholarly journals State Immunity Before the International Court of Justice: Jurisdictional Immunities of the State (Germany v Italy)

2013 ◽  
Vol 44 (1) ◽  
Author(s):  
Matthew McMenamin
Keyword(s):  
World War Ii ◽  
Armed Forces ◽  
The State ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
State Immunity ◽  
German Armed Forces ◽  
Court Of Justice ◽  
International Court ◽  
Jus Cogens

The International Court of Justice recently gave judgment in Jurisdictional Immunities of the State. The case concerned German state immunity from civil claims brought in Italian courts by victims of serious violations of international humanitarian law committed by German armed forces during World War II. The Court offered a valuable clarification of the relationship between state immunity and jus cogens norms at customary international law. The conservative reasoning was thorough and extensive and the decision is likely to ossify the evolution of state immunity.

The International Court of Justice: Cruising Ahead at 70

2016 ◽  
Vol 29 (4) ◽  
pp. 1103-1119 ◽  
Author(s):  
HUGH THIRLWAY
Keyword(s):  
International Law ◽  
Case Law ◽  
Recent Case ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Subject ◽  
Jus Cogens ◽  
Peremptory Norms

AbstractThe International Court of Justice (ICJ or the Court) continues to hear and determine the contentious cases submitted to it, keeping up what has been referred to as an acceptable ‘cruising pace’. After recalling the extent to which the demands on the Court have increased, and the practical means available to it have been greatly extended, the author (following up an earlier article on the subject in the Netherlands International Law Review) examines the Court's recent case-law (decisions given since 2010) to show how each decision, besides furthering settlement of the specific dispute, has contributed to the enlargement or development of international law. Attention is concentrated, however, on particular questions: the role of peremptory norms (jus cogens); interpretation of treaties; questions of jurisdiction (including the problem of the existence of a justiciable dispute in each case); and certain incidental proceedings contemplated by the Court's Statute and Rules, namely provisional measures and intervention under Articles 62 and 63 of the Statute.

Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law

2012 ◽  
Vol 1 (1) ◽  
pp. 93-109
Author(s):  
Onder Bakircioglu
Keyword(s):  
The State ◽  
Human Rights Law ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Crimes ◽  
State Immunity ◽  
Court Of Justice ◽  
International Court ◽  
Judicial Proceedings ◽  
Jus Cogens

This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes.

scholarly journals Obligations erga omnes: Jus cogens in statu nascendi? A theory inspired by the nature of International Law

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 577-593
Author(s):  
Ana Zdravković
Keyword(s):  
International Law ◽  
Third Place ◽  
Similar Nature ◽  
International Court Of Justice ◽  
Current State ◽  
Court Of Justice ◽  
International Court ◽  
State Of Affairs ◽  
Jus Cogens

This paper is a follow-up to a debate on the book "The Nature of International Law" by Miodrag A. Jovanović. First, the approach towards erga omnes obligations adopted in the book is analyzed, after which a different perspective towards the concept is offered. The curious case of erga omnes obligations can be summed up by stating that there has hardly been more elucidated concept in international law but with so little clarification achieved. With the aim of shedding more light on this conundrum, the concept is compared to others of a similar nature, primarily jus cogens norms, only to identify that erga omnes obligations could be defined as jus cogens in statu nascendi. Respectively, it is argued that according to the current state of affairs in the international community, the International Court of Justice is an instance of last resort when distinguishing between jus cogens norms and obligations erga omnes. Finally, the view concerning the three-layered nature of the international legal hierarchy is accepted, with jus cogens norms having the highest rank, followed by erga omnes obligations and with the jus dispositivum of international law in third place.

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