Immunity

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Just Security

One-and-a-Half Cheers for Salim v. Mitchell

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?

I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
Just Security

Are Cross-Border Shootings Heading to the Supreme Court?

Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
Just Security

Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment

Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Just Security

Supreme Court Denies Cert in Samantar v. Yousuf

On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
Just Security

The Gov’t of Sri Lanka Responds to my NYT Op-Ed on U.S. War Crimes Probe of ex-Defense Secretary

The government of Sri Lanka’s Justice Deputy Minister has responded to an Op-Ed that I published in the New York Times in which I described the reasons that the United States…
Just Security

Immunity Doctrines: The Need for a Systemic Approach

It was a pleasure this week to speak on a panel entitled “Chaos & Immunity: Core Crimes & Sitting Heads of States” at the American Branch of the International Law Association’s…
Just Security

Samantar v. Yousuf: What Happens Next?

As Beth Van Schaack reported last week, the Supreme Court has called for the views of the Solicitor General in Samantar v. Yousuf, a case raising questions about the immunity of…
Just Security

The Third Time’s The Charm? SCOTUS CVSGs in Samantar

Amidst all the recent activity (and non-activity) at the Supreme Court this term, it might have been missed that the Court invited the Solicitor General to express the views of…
Just Security

Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad

On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
Just Security

Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity

Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…
Just Security

Official Act Immunity and the Singh Case

At Lawfare, John Bellinger has commented on Judge Boasberg’s August 19 ruling that former Indian Prime Minister Manmohan Singh is immune from suit for human rights abuses in…
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