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loi sur l’immunité des états

Canadian Yearbook of International Law / Annuaire canadien de droit international (1)

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Kazemi ou l’inhumaine immunité de l’État tortionnaire en droit canadien
FRANÇOIS LAROCQUE, CHRISTIANE BOSSÉ
Journal:

Canadian Yearbook of International Law / Annuaire canadien de droit international / Volume 53 / October 2016

Published online by Cambridge University Press:

13 September 2016, pp. 278-327

Print publication:

October 2016
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This article offers a critical analysis of Canadian and international jurisprudence, which uneasily grants jurisdictional immunity to states and their officials who torture. The picture that emerges is one of inertia in the case law, which has stunted the development of an exception to state immunity for jus cogens violations where there is no other remedy. We argue that the Parliament of Canada should amend the State Immunity Act to include such an exception. This change could contribute to the progressive development of international law so that state immunity cannot be invoked to deny torture victims their right to justice.