TY - JOUR ID - 66115 TI - States Immunity in the Light of the Responsibility to Protect Doctrine JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Seifzadeh, Farzaneh AU - Zamani, Seyed Ghasem AU - Savari, Hasan AU - Raei, Masoud AD - Ph.D. Student in International Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran AD - Visiting Prof., Department of International Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran AD - Assistant Prof., Department of International Law, Tarbiat Modarres University, Iran AD - Associate Prof., Department of International Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran Y1 - 2018 PY - 2018 VL - 48 IS - 1 SP - 121 EP - 138 KW - State Sovereignty KW - Responsibility to Protect Doctrine KW - Jurisdiction KW - Jus Cogens Norms of the Human Rights KW - State Immunity DO - 10.22059/jplsq.2018.208576.1274 N2 - State immunity roots in the sovereignty and equality of States. Namely, the immunity means the impossibility of exercising the jurisdiction of domestic Courts over foreign States. Following the developments of the human rights, interventions have made in the internal affairs of States under the responsibility to protect doctrine that created challenges on the State sovereignty, and has raised in mind the question of whether the responsibility to protect doctrine will be a barrier for the implementation of the principle of the State immunity? In answering this question, by the separation of the procedural rules from the substantive rules can be seen the procedural rules such as State immunity do not conflict with the substantive rules governing the nature of the claim. The real source of the human rights litigation is, ignoring the forum State to enforce its jurisdiction in relation to the human rights cases, and to the extent that is concerned to the human rights violations, the State immunity and jus cogens values do not conflict with each other. UR - https://jplsq.ut.ac.ir/article_66115.html L1 - https://jplsq.ut.ac.ir/article_66115_fb50d541247010dd0a6ddb953396c406.pdf ER -