The Judicial Immunity of State and Violation of Human Rights in ‎Light of State Practice, Judicial Procedures and Doctrine

In international community sometimes States violate human rights principles including torture ban, ban of concentration camps, ban of arbitrary detention and other human rights principles against the citizens of other States. In reaction to the referral of the case to national tribunals, the 'Offender State' refers to her judicial immunity. In recent years a tendency has emerged among some international lawyers as well as the national courts to proclaim that, due to the fact that the human rights principles are among the jus cogens, they are located at the top of hierarchy of international law. Therefore, the principle of judicial immunity of States in case of violation of these fundamental principles has to be beaten. The present article aims to study this new thinking in international law and human rights doctrine and its ramifications.