Immunity
150 Articles

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.

Time to Revisit the ICC’s Position on Head-of-State Immunity?
With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy

Why the ICC Should Respect Immunities of Heads of Third States
International courts must respect international law, also in dire times. The International Criminal Court’s denial of immunity to heads of third States does not.

Mapping State Reactions to the ICC Arrest Warrants for Netanyahu and Gallant
State reactions to the ICC’s decision can shed light on their views on legal questions raised in response to the warrant applications, as well as on the Court’s legitimacy.

Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.

The Just Security Podcast: Special Counsel Jack Smith’s Final Report in the 2020 Election Interference Case
Joining the show to discuss Jack Smith's final report in the 20220 election interference case are Tom Joscelyn and Marty Lederman.

Does the Int’l Criminal Court Impose Too Low a Standard of Proof to Arrest a Head of State?
Whether the International Criminal Court should require a higher standard of proof - than “reasonable grounds to believe" - before arresting a head of state.

Cutting Through the Noise to Trump’s Claimed Immunity in NY Felonies Case
When President-elect Donald Trump’s latest motion to dismiss his felony convictions in New York hit reporters’ in-boxes on Tuesday, it was immediately clear that the dominant…

Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant
A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.

Abu Ghraib Dejà Vu
As torture victims from the Abu Ghraib prison return to U.S. federal court, Brig. Gen. (Ret.) Xenakis discusses need for accountability.

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?
Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.