Примеры использования Principle of immunity на Английском языке и их переводы на Русский язык
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It was important to strike a balance between the principle of immunity emanating from national sovereignty and the prevention of impunity.
The principle of immunity had been upheld in some cases, for example by the International Court of Justice in the Arrest Warrant case.
Article 11 of the Criminal Procedure Code of the Republic of Armenia stipulates the principle of immunity of a person.
Draft article 18, however, after establishing the principle of immunity from measures of constraint, goes on to say that the State may waive such immunity. .
Some members considered that the rationale that peremptory norms of international law prevail over the principle of immunity had merit.
It was vital to uphold the principle of immunity of State officials from foreign criminal jurisdiction as necessary for normal relations among States.
The International Court of Justice had expressed the view that the cardinal principle of immunity of Heads of State should not be called into question.
In the light of the importance of the principle of immunity to the stability of international relations, progressive development in that area should be approached with the utmost caution.
The current formulation went beyond his delegation's understanding of State practice,which was that the principle of immunity was equally applicable to State entities and to States.
His delegation agreed that exceptions to the principle of immunity must be grounded in customary international law; an extensive analysis of State practice was essential in identifying possible exceptions.
Other members stressed that in any event, the Commission's approach to the topic must be balanced in order to weigh the principle of immunity against the need to combat impunity.
The idea that the principle of immunity was built on comity and reciprocity was also perceived as important in the context of the current debate, in particular in light of the imperative need to remove the risk of politically motivated criminal proceedings.
In the opinion of these members, the jus cogens character of certain international norms did not necessarily affect the principle of immunity of State officials before national criminal jurisdictions.
Some members also recalled the important role that the principle of immunity, which was well-established in customary international law, continued to play in ensuring stability in international relations and for the effective discharge by the State of its functions.
The Court of Cassation, in the light of international customary law and the provisions of international conventions concerning the principle of immunity, found that the Greek courts did have jurisdiction over the case.
Egypt reiterated its support for the various decisions adopted by the African Union expressing grave concern over the abuse of the principle, particularly in respect of African leaders andofficials in violation of the principle of immunity.
His delegation was of the view that the principle of immunity was pivotal in ensuring stable and normal international relations; its existence flowed from the sovereign equality of States and served as reliable protection against provocation and complications in inter-State relations.
The Movement was particularly concernedabout the political and legal implications of the invocation of universal jurisdiction in violation of the principle of immunity of State officials against some member countries.
In the Special Rapporteur's view,the legal norm or principle of immunity implied a right of the State of the official and of the official himself or herself not to be subject to jurisdiction and a corresponding obligation incumbent upon the foreign State.
With regard to terminology, at the current stage it would appear sufficient to use the term"State officials", and it would also appear appropriate for all State officials to be covered,in keeping with the principle of immunity ratione materiae.
In addition, the principle of immunity of a person, according to which every person has the right to liberty and immunity is defined by article 11 of the Criminal Procedure Code of the Republic of Armenia, and no one can be taken into custody and kept under confinement with the grounds and procedure other than provided for by this Code.
Without awaiting the entry into force of the Convention and in view of possible reservations to section 18(b),the General Assembly considered it necessary to reaffirm the principle of immunity from taxation and to authorize the Secretary-General to reimburse national taxes paid by staff members.
In the Ferrini case, the Italian Court of Cassation stated that the commission of international crimes is a grave violation of fundamental human rights and of the universal values of the global community and that these values are protected by the peremptory norms of international law, which entails that national courts have universal criminal andcivil jurisdiction with respect to them, and they prevail over the principle of immunity.
Furthermore, in view of the Court's very recent authoritative decision in Jurisdictional Immunities of the State(Germany v. Italy: Greece intervening),reaffirming the principle of immunity before national criminal jurisdictions, the Commission should not endeavour to develop its own rule on the subject.
Even from the standpoint of lex lata, State practice and the case law of domestic andinternational criminal courts provided a number of elements that were bound to have a significant impact on the principle of immunity as it had been understood and applied in the past.
Mr. CARTER(United Kingdom), referring to the ongoing extradition proceedings against Senator Pinochet,observed that the question had been raised how the United Kingdom reconciled the principle of immunity for Heads of State under the State Immunity Act with its obligations under articles 5 and 6 of the Convention, whereby a State party had respectively to establish its jurisdiction over acts of torture when the alleged offender was present in its territory and to ensure the alleged offender's presence there.
The main concern with regard to the concept of universal jurisdiction was that it could conflict with some fundamental principles of international law,in particular the principle of immunity of State officials from foreign criminal jurisdiction, which emanated from the sovereign equality of States.
It had become clear from the Committee's discussion of the topic that the application of the principle of universal jurisdiction conflicted on some points with the principle of immunity of State officials from foreign criminal jurisdiction and the obligation to extradite or prosecute(aut dedere aut judicare) arising from treaties.
The principles of immunity for lawyers and protecting their professional activity, housing, place of work, communications devices and vehicles were legally enshrined.
It was only on this basis that a balancing of interests between the principles of immunity and the fight against impunity could be fruitfully undertaken.