Immunity

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Exterior View of new International Criminal Court building in The Hague on July 30, 2016.

A Confusing ICC Appeals Judgment on Head-of-State Immunity

The outcome of the decision is not a surprise - but its implications for the immunity of senior officials of states that do not belong to the ICC, even beyond cases in which there…
Sudanese president Omar Hasan Al Bashir at the Arab League summit in the Jordanian Dead Sea resort of Sweymah, Jordan, March 29, 2017.

Preview of the International Criminal Court Appeals Judgment on Al-Bashir and Head of State Immunity

Three weeks ago, the International Criminal Court (ICC) Appeals Chamber announced that on May 6 it would issue its judgment on whether President Omar Al-Bashir of Sudan was entitled…
International Law Commission holds special commemorative event.

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…
Members of the jury sit in the International Court of Justice in The Hague, The Netherlands, on January 27, 2014 during the judgment on the territorial dispute between Chile and Peru.

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,…
Judge Brett Kavanaugh shakes hands with Sen. Rob Portman (R-OH) before a meeting in the Russell Senate Office Building on Capitol Hill July 11, 2018 in Washington, DC. Media personnel stand around with microphones.

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…
Barbara Underwood in front of an American flag, a department seal, and another flag.

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,…
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