Jurisdictional Immunity and Judicial Protection

n its decision No. 238 of 2014, the Constitutional Court followed a dual track. On the one hand, it proclaimed the exclusive authority of the ICJ to determine the law of sovereign immunities. On the other hand, it found that interna- tional law, as determined by the ICJ, is manifestly inconsistent with the constitutional principle of judicial protection, inasmuch as it requires to grant immunity also for serious violations of human rights. This finding has a number of drawbacks. The Constitutional Court has given paramount relevance to the principle of judicial protection and has correspondingly devalued the constitutional interest in complying with a binding judgment of the ICJ. From a judicial policy perspective, its strict dualist approach will presumably restrict the contribution that the decision may give to the development of the law of sovereign immunities and to the formation of a human right exception.