مفهوم مصونيت قضايي دولتها و استثناء نقض حقوق بشر

The concept of judicial immunity of States and the exception of violation of human rights

Can the violation of human rights be considered as an exception to the concept of judicial immunity of State? The judicial immunity of State has been influenced by the international developments. This is a part of a huge international development including the restriction of State sovereignty. In fact, the concept of sovereignty has been subject to various regulations in light of developments of international law. Therefore, the absolute sovereignty is no longer acceptable, and there are many cases where the States should be accountable with regard to their conduct, one of the most significant of such cases is the obligation to observe the human rights and fundamental freedoms. It has been argued, in this paper, that the basis of immunity is in the sovereignty of States. If this claim is accepted, its concept, limitations and effect should also depend on the current scope of Sovereignty. Although this can not be observed in national legislations and international conventions as well as State practice, it seems, however, that States can restrict immunity of other States with regard to grave violation of human rights using the existing rules of international law i.e. counter measures