foreign official immunity
11 Articles

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.

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…

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…

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?

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.…

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.

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.

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 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.

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.

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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