Document Type : Original Article from Result of Thesis
Authors
1
Ph.D. Student in International Law, Faculty of Humanities, Qaemshahr, Branch, Islamic Azad University,, Qaemshahr, .Iran
2
Assistant Professor, at Department of Law, Faculty of Humanities, Qaemshahr Branch,, Islamic Azad University,, .Qaemshahr, Iran
3
Assistant Professor, at Department of Law, Faculty of Law and Political Science, Karaj Branch, Islamic Azad .University, Karaj, Iran
10.22034/isj.2026.575441.2435
Abstract
The historical development of state immunity demonstrates that this doctrine has undergone significant evolution over time. Nevertheless, customary international law has yet to establish a rule according to which a state loses its immunity when it commits violations of jus cogens norms in the field of human rights. In recent years, the Islamic Republic of Iran has, in certain instances, enacted domestic legislation that disregards the immunity of foreign states. This study adopts a descriptive-analytical methodology to examine Iran’s practices in this area. It first assesses the perspective of international law regarding state immunity and subsequently analyzes the 2012 International Court of Justice (ICJ) judgment in the Germany v. Italy case to address the fundamental question of how Iran’s conduct aligns with international law principles on state immunity. Examination of Iran’s practices in light of international law and the 2012 ICJ ruling suggests that Iranian legislation may, under the principle of countermeasures, refuse judicial immunity to a state that has violated the immunity of Iran itself. Such practice, however, reveals a clear tension with both the ICJ judgment of 3 February 2012 and the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property.
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