immunity for official acts
13 Articles
A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity
The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder
Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.
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?
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…
Letter to the Editor – Germany’s Extradition Request for Gen. Jamil Hassan, with U.S. Support
I very much appreciate Just Security’s bringing to your readers’ attention the German extradition request to Lebanon for Syria’s General Jamil Hassan, who is under suspicion…
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…
Immunity Doctrines: The Need for a Systemic Approach
It was a pleasure this week to speak on a panel entitled “Chaos & Immunity: Core Crimes & Sitting Heads of States” at the American Branch of the International Law Association’s…
The Third Time’s The Charm? SCOTUS CVSGs in Samantar
Amidst all the recent activity (and non-activity) at the Supreme Court this term, it might have been missed that the Court invited the Solicitor General to express the views of…
Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad
On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity
Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…