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State Immunity and Human Rights: Heads and Walls, Hearts and Minds

Posted by on Monday, June 25, 2012 in Articles, Vol. 44 No. 4, Volume 44, Volumes.

This Article suggests that arguments against the availability of state immunity as a bar to civil actions alleging internationally wrongful ill-treatment abroad are not only destined to fall by and large on deaf ears but are also misdirected as a matter both of fairness and of the ultimate policy objectives of human rights advocates. It would make more sense for victims’ interest groups to target the failure of allegedly responsible states to afford victims the opportunity of a remedy and the failure of victims’ states of nationality to do enough to defend their nationals’ interests.

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