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Essay On State Immunity

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INTRODUCTION
“The sad truth is that most evil is done by people who never make up their minds to be either good or evil.”
- Hannah Arendt It has been rightly said that- with great power comes great responsibility. A State assumes power when individuals place their faith, surrender some of their freedoms and submit to the authority of the State. Right from Genghis Khan to Kim Jong-un, the rulers have misused their power and committing the acts of torture on their subjects. Over the years, the international community has started to take cognizance of the acts of torture committed by the nation states all over the world and has tried to codify laws to prohibit such acts. However, some States openly violate these laws and resort to the defense of sovereignty. Like slavery or genocide, the acts of torture have been looked down upon by the international community and the …show more content…

State immunity is a way where torturers hide behind a veil called “immunity”.”
- Sulaiman Al-Adsani (Torture Survivor) 17 November 2005
The doctrine of state immunity relates to the protection of a state from being sued in a foreign state. Some commentators are of the view that the ban on acts of torture should have more importance than state immunity, whereas, some commentators believe that immunity should be respected, keeping in mind the relations between states, as what is wrong for one state may be right for another state.
After World War II, Italy adjudicated the civil cases against Germany for World War II atrocities despite Germany claiming immunity. This action on behalf of Italy was challenged in the International Court of Justice (Germany v. Italy) and the court upheld the principle of state immunity. However, this decision by the ICJ was met with a series of criticism from several commentators for not comprehending the necessity to waive immunity in cases of gross human rights

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