Immunity
154 Articles
World Court Rules on Iran Challenge to US Suits for Acts of Terrorism: An Explainer
Key takeaways from the International Court of Justice's judgment in the case of "Certain Iranian Assets": some of Iran's claims against the U.S. over billions of dollars in terrorism-related…
10 Ways the U.S. Can Curb Interpol Abuses
Interpol serves a good purpose, and it has good rules. But not all members are as good as its rules. The U.S. can take steps, on its own or with others, to limit abuses and shield…
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…
Dispelling Some Myths About Consular Immunity and the Khashoggi Investigation
Turkey and Saudi Arabia are both parties to the Vienna Convention on Consular Relations (VCCR). Because the alleged acts took place at a consulate rather than the Saudi embassy,…
Judge Kavanaugh’s Testimony on His Constitutional View of Presidential Immunity is Misleading—and It Also Clinches the Case for Recusal
It could not now be clearer that as a result of his writings and public statements, Judge Kavanaugh cannot meet his own stated test of “open-mindedness.”
President Trump’s Stain on Brett Kavanaugh and How to Remove It
A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
Setting the Record Straight: Brett Kavanaugh’s Views on Criminal Investigation of the President
An important dimension of the Senate’s consideration of Judge Brett Kavanaugh’s nomination for the Supreme Court involves the judge’s views of a president’s immunities…
What Makes the Lawsuit against Trump’s Foundation Very Different
Last week, the New York Supreme Court set an October date to hear motions in state attorney general Barbara Underwood’s civil suit against Donald Trump, his eldest children,…
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…
Immunity for International Crimes: Where Do States Really Stand?
Under customary international law, government officials, intelligence officers, military personnel, and other state agents generally enjoy immunity from criminal prosecution by…
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…