Non-Recognition of State Immunity as a Judicial Countermeasure to Jus Cogens Violations: The Human Rights Answer to the ICJ Decision on the Ferrini Case

Abstract

This paper examines whether the non-recognition of State Immunity, as a response to jus cogens violations committed by the wrong-doing State against its own citizens, can be a valid countermeasure. First, the paper clarifies the hypothesis being examined. Second, the paper considers what the conditions the according countermeasures have to comply with, are. Finally, the paper examines whether the non-recognition of State Immunity can be a lawful solidarity countermeasure. The paper concludes that non-recognition of State Immunity can also be lawful and valid. Nonetheless, it must comply with certain important conditions. Additionally, an opportunity for the victims to have a remedy as well as to maintain the most important values of the international community arises when the non-recognition of State Immunity is properly accomplished.