Immunity vs. Impunity in International Law: A Human Rights Approach

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