SOVEREIGN IMMUNITY AND ITS IMPLICATIONS ON VICTIMS OF HUMAN RIGHTS
AUTHOR – MEHER SUNIL DABRAI, STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE, PUNE
BEST CITATION – MEHER SUNIL DABRAI, SOVEREIGN IMMUNITY AND ITS IMPLICATIONS ON VICTIMS OF HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 318-323, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
It is time for the shield of sovereign immunity to shatter as victims of human rights are given a chance to seek justice across borders. Sovereign immunity is a legal concept that protects a state or its entities from being sued in foreign courts thereby preserving state sovereignty and diplomatic relations. This concept originated to protect rulers in ancient times and evolved into a legal principle to protect state sovereignty. The act of state doctrine is a related principle that dates to the 19th century which implies that domestic courts should not review the validity of acts performed by a foreign state within its own territory. In recent times, sovereign immunity and the act of state doctrine continue to be significant legal principles in international law. The Universal Declaration of Human Rights is a foundational document adopted by the United Nations in 1948 asserting fundamental rights and freedoms inherent to all individuals without discrimination. However, efforts are being made to restrict absolute immunity in cases involving human rights violations. Sovereign immunities and acts of state doctrine pose a number of challenges for victims of human rights violations. The researcher attempts to explore the exceptions to these doctrines that allow these victims to seek redress.
Keywords: International law, sovereign immunities, Act of state doctrine, human rights victims and access to justice