‘Clean Hands 원칙’의 국제법상 적용 가능성에 관한 고찰 : 국가의 외교적 보호권 행사 시 적용 가능성을 중심으로

Abstract

‘Clean hands’ principle is that one who seeks a reasonable remedy by filing a lawsuit against a court should not have committed any wrongdoing with respect to his subject matter. According to this principle, one which is guilty of illegal conduct may be deprived of the necessary locus standi for complaining of corresponding illegalities on the part of the other, especially if these were provoked by it.BR ‘Clean hands’ principle would discourage one`s State from exercising any form of assistance in the event of an individual committing a crime in a recipient State. That is, when this principle is applied, the individual cannot be guaranteed the rights to a legal proceedings due to the crimes he committed and can be treated below the minimum standards. In this case, his State could end up with nothing but an attempt to provide diplomatic protection, because it requires diplomatic protection from his State in the event of his arrests and detentions, and in the event of a lawsuit being denied.BR These positions are increasingly being supported, although not yet generally accepted. Indeed, applying this principle as a preliminary objection against admissibility and as a means to defend itself at the stage of merit in case of diplomatic protection or violations of human rights would help the State that violates human rights.