Immunities for Senior State Officials

Sanja Dragić

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Chapter 3 Immunities for Senior State Officials

In: Post-Backlash Human Rights Law

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Sanja Dragić

Sanja Dragić
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Type:: Chapter

Pages:: 122–159

DOI:: https://doi.org/10.1163/9789004514799_005

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Abstract

In the third case study, I primarily analyze the path of making a counter post-backlash human rights norm by the opposing states – the right to immunity of senior state officials during their tenure of office included in the Malabo Protocol. I trace the narratives in the universal jurisdiction debates, a string of Al-Bashir Arrest Warrant cases before the ICC, and ways of searching for the “African solution to African problems”. Unable to influence the mainstream institutions, African states created a new one – the Criminal Chamber of the African Court of Justice and Human Rights and integrated immunity to senior state officials during their tenure of office in Article 46Abis of the Malabo Protocol.

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Post-Backlash Human Rights Law

Series: Theory and Practice of Public International Law, Volume: 6

E-Book ISBN:: 9789004514799

Publisher:: Brill | Nijhoff

Print Publication Date:: 15 Oct 2022

Subjects
- International Law
  - International Law: General Interest
  - Public International Law

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Chapter 3 Immunities for Senior State Officials

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Post-Backlash Human Rights Law

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