Immunity
157 Articles
Missouri’s Lawsuit Doesn’t Abrogate China’s Sovereign Immunity
U.S. courts do not have jurisdiction over private class action lawsuits brought against Chinese government defendants for their alleged misconduct in allowing the coronavirus to…
Head of State Immunity is Too Important for the International Court of Justice
If the United Nations General Assembly, or another competent U.N. organ, simply requests an advisory opinion from the International Court of Justice, then its member States would…
White House Counsel Sends Fiona Hill Letter on “Executive Privilege” on Eve of Public Hearing
On Thursday, Deputy White House Counsel Michael M. Purpura sent a letter to Fiona Hill’s attorney setting out the administration’s views of executive privilege. The letter…
Why Officials Keep Testifying Despite White House Counsel’s Letter on Impeachment Inquiry
"These are presumably not the results White House Counsel Cipollone expected when he sent his letter, but in retrospect they seem fairly predictable."
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…
What if a President Committed Genocide or Other Atrocity Crimes?
Ambassador David Scheffer writes: Whether or not the Justice Department opinions are correct about presidential immunity from indictment for ordinary crimes … Lawmakers should…
U.S. Sanctions Against Iran’s Foreign Minister and International Law
Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.
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…
Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising
A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…
Annie Donaldson is Not the President’s “Alter Ego”
It could almost be a bar exam question. Under the Executive Branch theory that the president’s senior aides are “absolutely immune” from appearing before Congress, which…
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
Elisions and Omissions: Questioning the ICC’s Latest Bashir Immunity Ruling
A close analysis of the ICC Appeals Chamber's reasoning in the Bashir immunity case raises serious questions about its conclusions on the difference between national and international…