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While sovereign immunity has increasingly been set-aside in international criminal proceedings, it continues to block most cases of civil lawsuits based upon the same circumstances. The main explanation given by judges for this decision is that a wide consensus supporting an exception to the sovereign immunity rule, based on violation of human rights, cannot be found. This work argues against the above claim. Its main object is to exposes the reasons judges give for their reluctance to adjudicate human rights claims as unconvincing. Through the analysis of the structure of sovereign immunity,...