Paolo Bargiacchi

Values, Justice, Immunity and Violence. Virtuous Evolutions and Dangerous Involutions of the International System in the Last Quarter of the Century

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Abstract

International law of the last quarter of the century essentially revolves around the four words in the title. More and more often the fundamental values of the international community find protection before national and international courts and, despite some difficulties, international criminal justice is getting stronger in vindicating them while legal regimes granting immunity to States and their officials are perhaps developing towards a restrictive doctrine, at least for the most serious international crimes. Despite these virtuous evolutions, the increasing use of force by States – allegedly justified by a broader scope of self-defence and international security – casts a dangerous light on the future of the international system.

Keywords

  • Modern law of self-defense
  • Erga omnes obligations
  • State and state officials immunity
  • Judicial enforcement of fundamental values
  • Core international crimes

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