THE INTERACTION OF THE STATE IMMUNITY AND JUS COGENS IN THE JURISDICTIONAL IMMUNITIES OF THE STATE, 2012 JUDGMENT

There are two different contradictory approach regarding the interaction of the State Immunity and Jus Cogens. Some jurist argue that Jus Cogens rules should prevail over other inconsistent ordinary rules of international law including state immunity. This argument therefore depends upon the existence of conflict between rules of Jus Cogens, and the rule of customary law which requires one state to accord immunity to other. The other jurists, on the other hand, maintain that the immunity of states must be regarded even at the Jus Cogens rules. They argue that there is no conflict between Jus Cogens rules and rules on state immunity. The two sets of rules address different matters. The rules of state immunity are procedural in character and Jus Cogens rules are substantive rules. International Court of Justice supported the latter approach in the Jurisdictional Immunities of the State, 2012 Judgment.