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Essay / Research Paper Abstract
This 20 page paper considers to what extent international law grant senior state officials, including heads of state, immunity from proceedings alleging violations of jus cogens norms? The concept and development of jus cogens, or peremptory norm, is discussed. The occasions and circumstances when way that state officials may be held liable is then discussed. The last section of the paper considers the reality, using East Timor as an example. The argument is put forward that although there is a framework to hold officials accountable for their actions, it is fraught with difficulties. The bibliography cites 15 sources.
Page Count:
20 pages (~225 words per page)
File: TS14_TEjuscogens.rtf
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Unformatted sample text from the term paper:
Immunity 13 References 21 1. Introduction Over the last half century there has been shift in views and values within international law concerning the role of the state and the responsibility,
and immunity, of state officials for their acts within their own boarders. With increased information flow as result of media and technology development it has become easer to observe what
it occurring within some boarders, and making it easier for individuals and other authorities alike to form perceptions on the actions of officials, especially in relationship to jus cogens. Jus
cogens is a basic principle within the concept of law, form the Latin meaning compelling law, this relates to what may be seen as a peremptory norm, a principle of
law that is seen as so compelling and fundamental that it is accepted by the international community that it is a standard from which there should be no derogation. Therefore,
acts such as genocide and slavery may be seen as prohibited under this fundamental concept. The issue can become complex, when state officials, including heads of state, apparently breach
jus cogens within their own boarders. The sovereignty of the nation state is protected under international law, and actions by the head of state and other officials are protected. Cases
that have been brought internationally to seek to the hold officials to account for their actions have been problematic, and as such it may be argued that despite the universal
agreement on the concept and need for jus cogens, the structure and applications of international law still appear to provide some degree of protection where prohibited actions take place, providing
immunity for state officials. 2. The Concept of Jus Cogens To consider the extent does international law grant senior state officials immunity from proceedings alleging violations of jus cogens
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