Baku State University Law Review, cilt.4, sa.1, ss.36-52, 2018 (Hakemli Dergi)
The concept of immunity does not imply protectionf or States, Heads of State, and diplomatic
agents by any means; at its core, immunity is designed to facilitate the smooth functioning
of relations among States, State organs, and their representatives. Although the
international community has tended to abolish impunity in cases involving the violation of
human rights, this movement is not yet fully fledged and the abolition of impunity is far
from assured. Be that as it may, equating immunity with impunity in cases offundamental
human rights violations presents a major handicap against the establishment of justice and
the promotion of human rights. This article aimed to develop the distinction between
immunity and impunity in terms of the adverse impact of impunity in respect of
fundamental human rights. Further, it aimed to demonstrate that tolerating impunity
threatens the future and development of human rights; consequently, it argued that the
contradiction between immunity and human rights cannot be resolved unless impunity and
immunity are clearly differentiated