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Which Immunity For Human Rights Atrocities?

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Chapter Summary

This chapter briefly discusses immunity's main principles and legal sources and cast light on the lex ferenda considerations. It also discusses immunity before international and hybrid criminal courts and before foreign states' courts. The chapter considers how immunity for former state representatives suspected of international crimes most appropriately can be avoided. International law establishes two types of immunity from prosecution; functional immunity for the official acts of a state and personal immunity for certain state representatives of high rank as well as diplomats. Functional immunity prevents states from acting as each other's judges, while personal immunity gives certain state representatives full freedom of movement abroad. Immunity can also be claimed that the forum state breaches an obligation to prevent human rights violations.

Keywords: functional immunity; human rights violations; international law; personal immunity



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