Foreign Sovereign Immunities Act (FSIA)
46 Articles

Time for a Cyber-Attack Exception to the Foreign Sovereign Immunities Act
Recently, a federal judge in New York dismissed the Democratic National Committee’s (DNC) civil lawsuit against Russia, Wikileaks, and others stemming from the 2016 cyber-attack…

Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice
The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…

What Comes Next: After Supreme Court Reduced Obstacles to Suing International Organizations
Suing international organizations just got a little bit easier, as a result of a 7-1 U.S. Supreme Court decision issued last week in Jam v. International Finance Corporation. The…

Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings
Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…

Jamal Khashoggi, the U.S. Supreme Court and the Limits of Inviolability
Jamal Khashoggi’s murder could complicate the Sudan v. Harrison case, which is set for oral argument before the Supreme Court on November 7.

Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?
Tomorrow, the Supreme Court will hear oral argument in a case that will decide the scope of immunity for international organizations in our courts. This issue facing the Supreme…

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…

Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…

The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria
Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…

Important New Bipartisan Bill To Advance Accountability for International Crimes in Syria
Following on the heels of last week’s chemical weapon attack in Syria, Senators Marco Rubio (R-FL), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Bob Corker (R-TN), Bob Menendez…

Ukraine Update: the ICJ Proceedings & Options for Justice in the United States
With the Congressional hearings on Russia dominating the news, this post provides an update on proceedings before the International Court of Justice (ICJ) in the matter of Ukraine…

The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…