Immunity

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(L-R) Deputy Minister of Justice of Ukraine Iryna Mudra, the European Commissioner for Democracy, Justice and Rule of Law Michael McGrath, the High Representative of the European Union for Foreign Affairs and Security Policy Kaja Kallas and the Secretary General of the Council of Europe Alain Berset standing at white podiums in front of a blue backdrop.

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.
Vladimir Putin speaks on screen in front of an audience at the BRICs summit.

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.
(From L) Judge Marc Perrin de Brichambaut of France, Presiding judge Cuno Tarfusser of Italy and judge Chang-ho Chung of Korea run the International Criminal Court (ICC) in The Hague, on July 6, 2017.

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
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

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.
Map of State Reactions to the ICC Warrants for Netanyahu and Gallant

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.
A view of the U.S. Supreme Court, with a cloudy sky

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 episode title appears with sound waves behind it.

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…
A man walks away from the E. Barrett Prettyman US Courthouse in Washington, DC

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.
A U.S. soldier stands with his head down in front of a hallway of prison cells.

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.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

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.
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