international criminal law instruments expressly recognize nonimmunity
also recognized nonimmunity for heads of state and other officials.
international law of nonimmunity, Principle III of the Principles of the
Days employees allowed PTO Registered nurse 1 3 Patient escort 1 2 Short-term injury and Unit secretary 1 6 illness plan WC Patient care technician 1 24 Registered nurse 1 10 WC and PTO Registered nurse 2 8 Furlough Because of Registered nurse 9 48 nonimmunity
Physician 5 49 Unit stafft 9 42 Nonunit staff} 7 39 Because of pending Registered nurse 12 25 titer results Unit staff 8 20 Nonunit staff 2 6 Total 59 282 * PTO, personal time off; WC, workers' compensation ([dagger]) Nurse managers, secretaries, patient care technicians, clinical coordinators, emergency department assistants.
Paust, Draft Brief Concerning Claims to Foreign Sovereign Immunity and Human Rights: Nonimmunity
for Violations of International Law Under the FSIA, 8 HOUS.
Essentially, the rule of nonimmunity
will preclude the possibility of the insurance company hiding behind the cloak of State immunity and evading its liability to the injured individuals.
Other treaty-based and customary duties of states exist regarding rights of individuals to an effective remedy, access to courts, and nonimmunity with respect to torture, cruel, inhuman, and degrading treatment.
Article 14 of the CAT necessarily applies to acts of public officials covered under Article 1 of the treaty and, therefore, Articles 1 and 14 necessarily assure nonimmunity of public officials.
With respect to nonimmunity
for violations of international law, see, e.g., PAUST, supra note 18, at 8, 105, 205, 208, 210-11, 215, 232, 276-79, 283-84, 291-92, 348, 405-09, 413, 416-18, 471-72; Jordan J.
(9) Addressing universal jurisdiction through the ATCA and nonimmunity of corporate actors for cruel, inhumane treatment and slave or forced labor, the district court in Iwanowa v.
(94) Additionally, when identifying violations of international law and rights, duties, competencies, and nonimmunity under international law, the judiciary must apply international law as it has evolved.
(50.) Such nonimmunity
has been recognized with respect to heads of state, former heads of state, foreign ministers, diplomats, other government officials, and others.