Eva Šmakalová
Author’s affiliation: Faculty of Law, Charles University in Prague

Current Disputes Concerning Immunities of States before the International Court of Justice

Jurisprudence 2/2024 Section: Articles Page: 37-41

Keywords: State immunity, peremptory norms, International Court of Justice, litigation, terrorism

Abstract: The article examines development of exceptions to state immunities after 2012, when the International Court of Justice decided the Jurisdictional Immunities of States Case. It summarizes this decision and then describes developments in three states, namely Italy, Canada and the USA. In all of these states, exceptions to state immunities led to inter-state litigation before the ICJ. Italy, based on the jurisprudence of its Constitutional Court, does not respect state immunities in cases of serious violations of human rights and peremptory norms of general international law. Canada and the USA have enacted exemptions from state immunities for states listed as state sponsors of terrorism. The article also summarizes the current status of litigation before the International Court of Justice.

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