Immunities and Jus Cogens Violations

d'Argent, Pierre;Lesaffre, Pauline
(2019) The Cambridge Handbook of Immunities and International Law — ISBN: [9781108283632], pp. 614-633, published

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Abstract
The purpose of this chapter is to give a short account of the way domestic and international courts have responded to arguments submitted to them for the purpose of contesting the applicability of immunity rules in cases where acts appearing contrary to peremptory norms were at the centre of the proceedings. The chapter intentionally focuses on case law rather than scholarly works, knowing that reference to doctrinal sources often supports arguments presented to courts and that the latter nourishes the former. From such a survey, a clear judicial scepticism towards a ‘jus cogens exception’ in immunity rules emerges, both in cases when States themselves are the respondents and when their representatives are sued (Section I). This finding leads us to some general remarks by way of assessment ( Section II ).
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d’Argent, P., & Lesaffre, P. (2019). Immunities and Jus Cogens Violations. In Tom Ruys, Nicolas Angelet, Luca Ferro (éd.) (ed.), The Cambridge Handbook of Immunities and International Law (p. pp. 614-633). Cambridge University Press. https://doi.org/10.1017/9781108283632