POL340Y1 Lecture Notes - Lecture 10: Arrest Warrant, Montevideo Convention, International Criminal Tribunal For The Former Yugoslavia
6 Mar 2018
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Immunities kick in once jurisdiction has been established. o. Jump in to prevent a state from bashing a certain area notwithstanding jurisdiction. Diplomatic immunities narrow but strong when they exist. Don"t want other states judging how a state exercises its sovereignty. If state is not acting like a sovereign then sovereign equality goes on the fritz. Becomes a problem when we get to question of gross human rights violations o o o o. Only something a sovereign can do (can only be effective if done by a state) Many of these violations (torture being an example) only something that can be done. They are sovereign actions, but illegitimate sovereign actions. Normally, state immunity doesn"t always pose a problem b/c can always sue in hom. Gross human rights violations are jus cogens norms. Italians wanted germany to pay for the human rights violations they committed to be done. o.
