The following excerpt is from Kazemi Estate v. Islamic Republic of Iran, [2014] 3 SCR 176, 2014 SCC 62 (CanLII):
As far as the right to reparation is concerned, I find no evidence in the cases reviewed by my colleague demonstrating the existence of a rule of customary international law to the effect that courts have universal civil jurisdiction to hear civil cases alleging acts in violation of jus cogens. On the contrary, most of these cases have affirmed state immunity in civil proceedings alleging acts of torture. However, even if such a rule of customary international law existed, it would have to be weighed against other rules of customary international law and, namely the rule of state immunity. As the I.C.J. found in a similar context, I see no contradiction in the co-existence of a right to reparation and state immunity (Germany v. Italy, at paras. 92-96).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.