Sentences with phrase «cogens violations»

As regards the immunity of the State, the 6 - 1 decision in Jones and Others v the United Kingdom to uphold the immunity of Saudi Arabia was to be expected: in the Jurisdictional Immunities Judgment, the principal judicial organ of the UN clearly stated that that there was no exception to State immunity for jus cogens violations.

In Samantar v Yousef (699 F. 3rd 763, 2012) the Federal Court of Appeals for the Fourth Circuit concluded that «under international and domestic law, officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts are performed in an official capacity».

Not exact matches

Furthermore, US courts have recently denied foreign state officials immunity against civil claims alleging violation of jus cogens norms.

It is fairly evident that the Committee tried to instrumentalize its FR in order to provide the other constitutional authorities (the Government and — most certainly — the Judiciary) with somewhat of a saving (or escaping) clause in order to overcome the stagnation caused by the Margellos doctrine and the ICJ's authoritative distinction between procedural conditions, such as the jurisdictional immunity of the defendant State, and the merits of the case, even if the contested affair involves grave violations of jus cogens norms.