foreign official immunity

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Does the Int’l Criminal Court Impose Too Low a Standard of Proof to Arrest a Head of State?

Whether the International Criminal Court should require a higher standard of proof - than “reasonable grounds to believe" - before arresting a head of state.
The hall of the U.N. General Assembly is shown with diplomats voting.

An International Special Tribunal is the Only Viable Path to a Just and Lasting Peace in Ukraine

It is our moral obligation to fight impunity and go after international criminals. It also makes sense politically, as only full accountability can pave the way towards a just…
A photo taken on May 23, 2021 shows a Boeing 737-8AS Ryanair passenger plane (flight FR4978, SP-RSM) from Athens, Greece, that was intercepted and diverted to Minsk on the same day by Belarus authorities, landing at Vilnius International Airport, its initial destination. - European Union leaders will discuss toughening their sanctions regime against Belarus on May 24 at their planned summit, after Minsk diverted the Ryanair passenger flight flying from Athens to Vilnius and arrested Belarusian opposition activist Roman Protasevich

Foreign Policy and Legal Implications of the Belarus Aircraft Piracy Indictment

What SDNY's speaking indictment of Belarusan officials with conspiracy to commit aircraft piracy for allegedly engineering the diversion of a Ryanair flight in order to arrest…
Iranian President-Elect Ebrahim Raisi holds a press conference at Shahid Beheshti conference hall on June 21, 2021 in Tehran, Iran.

Will Iran’s New President be Held Accountable?

Raisi was directly involved in the summary execution of thousands of political prisoners in 1988. Is there a path to justice today?
Egypt's interim prime minister Hazem Beblawi gives an interview to a journalist from the Agence France-Presse at his office in Cairo on November 24, 2013 as Egypt's interim president approved a controversial law regulating demonstrations. The Egyptian flag stands behind his chair.

Parsing an Immunity Decision at the Heart of U.S.-Egypt Relations  

A suit between a US citizen and the former PM of Egypt raises sticky questions of diplomatic immunity - and tees up a potential constitutional clash between the executive and judiciary.…
The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

On Functional Immunity of Foreign Officials and Crimes under International Law

Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials

A leading scholar explains landmark decision by Germany's highest criminal court.
Seated under a portrait of the Saudi monarch, US Secretary of State Mike Pompeo meets with Saudi Arabia's Crown Prince Mohammed bin Salman at Al Salam Palace in the Red Sea port of Jeddah on June 24, 2019.

Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”

The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…
Saudi Arabia's Crown Prince Mohammed bin Salman attends a key summit of the 57-member Organization of Islamic Cooperation (OIC) in the Saudi holy city of Mecca on June 1, 2019.

Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp

Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
Saudi Crown Prince Mohammed bin Salman (C) arrives to attend a session during the Future Investment Initiative (FII) conference in the capital Riyadh on October 24, 2018.

US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles

Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep during a Victory Day parade rehearsal in Colombo on May 17, 2013. Military personnel in uniform surround him.

Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds

Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…
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