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International Justice and the International Criminal CourtBetween Sovereignty and the Rule of Law$
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Bruce Broomhall

Print publication date: 2004

Print ISBN-13: 9780199274246

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199274246.001.0001

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Immunity

Immunity

Chapter:
(p.128) VII Immunity
Source:
International Justice and the International Criminal Court
Author(s):

Bruce Broomhall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274246.003.0008

This chapter examines a potential obstacle to national proceedings, as the developing law of immunities reveals something of a conflict between the needs of justice and the functioning of inter-State relations, with the result that one of the central tenets of the ‘accountability’ school (that immunities are unavailable with respect to international crimes) must now at least in part be brought into question. It shows that international law is likely to set clear limits on the applicable doctrines of immunity while leaving a space within which these continue to operate.

Keywords:   international law, criminal law, law of immunities, inter-State relations, international justice, immunities

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