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Imputability And Immunity As Separate Concepts: The Removal Of Immunity From Civil Proceedings Relating To The Commission Of An International Crime

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Chapter Summary

This chapter examines the rule of imputability of the acts of officials to the State as it affects reparation for violations of fundamental human rights constituting international crimes. The aim of the author is to assert and establish the separability of the plea of immunity from that of imputability. The chapter addresses the notion of severability and the reasons for removal of immunity in respect of criminal but not civil proceedings in a national court where proof of the commission of an international crime is established. It discusses in general terms the two concepts of imputability and immunity, and seeks to show that they are distinguishable and independent concepts. Finally, the chapter sets out the manner in which this separation may properly be given effect by the exercise by the national courts of civil jurisdiction over the consequences of the commission of international crime.

Keywords: civil proceedings; human rights; imputability rule; international crime; state immunity



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