The International Law Commission’s recent work on exceptions to immunity : charting the course for a brave new world in international law?

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dc.contributor.author Tladi, Dire
dc.date.accessioned 2019-01-11T07:54:13Z
dc.date.available 2019-01-11T07:54:13Z
dc.date.issued 2018-11
dc.description.abstract In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunity ratione personae. The Draft Article was adopted after a vote and was severely criticized by some members of the Commission. It has also received mixed reaction from states, with some supporting its content while others have opposed it. In the aftermath of the adoption of the Draft Article, there has also been academic commentary, some of which has been critical. The (main) criticism levelled against the Draft Article is that it does not represent existing law and has no basis in the practice of states. This article seeks to evaluate the criticism by considering whether there is any state practice in support of the Draft Article proposed by the Commission. en_ZA
dc.description.department Public Law en_ZA
dc.description.librarian hj2019 en_ZA
dc.description.uri https://www.cambridge.org/core/journals/leiden-journal-of-international-law en_ZA
dc.identifier.citation Tladi, D. 2018, 'The International Law Commission’s recent work on exceptions to immunity: Charting the course for a brave new world in international law?', Leiden Journal of International Law, NYP. en_ZA
dc.identifier.issn 0922-1565 (print)
dc.identifier.issn 1478-9698 (online)
dc.identifier.other 10.1017/S0922156518000663
dc.identifier.uri http://hdl.handle.net/2263/68127
dc.language.iso en en_ZA
dc.publisher Cambridge University Press en_ZA
dc.rights © Foundation of the Leiden Journal of International Law 2018 en_ZA
dc.subject Exceptions to immunity en_ZA
dc.subject International Law Commission (ILC) en_ZA
dc.title The International Law Commission’s recent work on exceptions to immunity : charting the course for a brave new world in international law? en_ZA
dc.type Postprint Article en_ZA


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