Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?
Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Summary/Abstract: Presented article is divided into three parts. In the brief $rst part, the emphasis is put on the notion of state immunity as such, with particular focus on the evolution of state immunity, which is signi$cantly marked with its continuous limitation. Second part describes current legal framework (treaties, relevant case-law) in speci$c area of state immunity which is of primary importance for this article, namely in the area of state immunity for serious violations of human rights. ird part analyzes potential arguments in favor of change of existing law, it explores whether in cases of human rights violation it is already valid to make state immunity inapplicable. Primary source of reference is the argumentation presented by German and Italian governments in the Jurisdictional Immunities of the State Case (herea!er Immunity Case), both in its written and oral part. e third part also tries to predict "nal judgment of the ICJ which, if rendered, would be of the highest importance for international law in this area as it is for the very "rst time when the ICJ is engaged in such kind of dispute.

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