Brown Bag – «The Jurisdictional Immunity of States in National Civil Proceedings for Allegations of Torutre»
The Webinar is dedicated to the complex relationship that exists between the privilege of a State not to be subjected to the civil jurisdiction of another State and the various international obligations imposed on a national court to grant victims of torture access to justice and remedy.
It will be discussed whether a State still enjoys jurisdictional immunity in national civil proceedings when allegations of torture are raised and what potential legal mechanism exist that would allow a national court to assess jurisdiction over a foreign entity. Does the forum State, in whose courts reparation claims are introduced, find itself at a crossway between irreconcilable international obligations? The issue will be analysed through the lenses of different legal disciplines, including human rights law, humanitarian law, international criminal law, and international arbitration.