Authors : Mohsen Abdollahi and Behrouz Behboudian
Abstract: The effort of the international community is indicative of status of individual rights and freedoms in the modern world to prevent tremendous and widespread violation of human rights in the past decades and forecast of redress institution to support victims of human rights. Thus, in recent years some governments has been sought to support this category of victims by accepting claims caused by severe violations of human rights in national courts and ignore the judicial immunity principle of state. According to the belief of the governments, some rules of human rights such as the prohibition of torture have been among jus cogens and have been at the top of the hierarchy of international law that is assumed first in meetings with the customary rule of state immunity. In contrast, it seems that there are also many objections by countries and international judicial institutions regarding superiority of Jus Cogens of human rights on the principle of state immunity. Now the question is whether can be limited the domain of the recent rule in confronting of human rights and the rule of state immunity and severe violation of human rights is considered as an exception to it?
Mohsen Abdollahi and Behrouz Behboudian, 2016. The Government Performance Regarding Compensation of Victims of Severe Violations of Human Rights: The Paradox of State Immunity and Compensation. Research Journal of Applied Sciences, 11: 154-165.