Immunity
160 Articles
U.S. Government Responds to Maduro’s Immunity Arguments
Maduro's motion to dismiss on the grounds of head-of-state immunity faces an uphill battle against the U.S. government's opposition.
Auctioning Democracy: Trump’s Promise of a $5,000 “Dividend”
Trump's pledge to pay $5,000 to every adult U.S. citizen if Republicans retain control of Congress could violate federal criminal law.
How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.
State and Administrative Law Backstops to Federal Corruption
How the Administrative Procedure Act and state unfair competition laws could be used to punish, deter, or expose corruption in the federal government.
Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.
US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists
Analysis by former career judge advocate officer and former court-martial prosecutor.
The Lost Archive: France’s Highest Court Should Follow WWII-Era Rejection of Head of State Immunity
Newly revealed records of European States' criminal indictments of Hitler should shape how courts and tribunals think of the international law on "head of state immunity" for international…
It’s Not Too Late for States Parties to Fulfill the Promise of the International Criminal Court: Three Actions They Should Take Now
The ICC might still play a role in walking humanity back from the brink, if States can find the political will to respect and strengthen the work of the Court.
Making Russia Pay: Obtaining Compensation for Russia’s Invasion of Ukraine in American Courts
US courts may offer avenues for holding Russia accountable for injuries caused by its unlawful invasion of Ukraine, subject to certain limitations.
International Law at the Precipice: Holding Leaders Accountable for the Crime of Aggression in Russia’s War Against Ukraine
The Special Tribunal for the Crime of Aggression against Ukraine cannot be treated as a bargaining chip in negotiations to end hostilities.
There is No Immunity for the International Criminal Court to Respect
The International Criminal Court (ICC)’s caselaw on immunity is entirely consistent with international law.