The Relationship Between Iuris Cogentis and Immunities in International Law

The thesis explains the concepts of peremptory norms, immunities of states and state representatives in international law. Afterwards, it examines whether international custom is developing in the areas of immunities of states and immunities of state officials that would lead to a denial of immunity in cases of violations of peremptory norms. The thesis analyses national court decisions, legislation and state declarations indicating the prevailing state practice. It concludes that international custom is not established in either area. The immunities in proceedings before the International Criminal Court and international criminal tribunals are described separately. KEYWORDS Ius cogens, peremptory norms of general international law, immunity of states, immunity of state officials, international custom, state practice, right of access to court, international crime