Abstract
Fifteen years after the Pinochet judgment this chapter will identify the key arguments in our original article and test that analysis against the present day State of international and domestic law, particularly within the context of the highly controversial relationship between immunities and human rights. Additionally, this chapter will seek to further analyse the judgment against recent case law emanating from domestic courts, the European Court of Human Rights and the International Court of Justice (ICJ). The analysis will also briefly consider the alternatives to the constant challenges to immunity from jurisdiction that have the potential further to undermine what is an important procedural safeguard in the conduct of international relations.
Original language | English |
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Title of host publication | Adjudicating International Human Rights: Essays in Honour of Sandy Ghandhi |
Place of Publication | Leiden, The Netherlands |
Publisher | Brill |
DOIs | |
Publication status | Published - 1 Nov 2014 |
Externally published | Yes |