Immunity

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The Just Security Podcast: United States v. Trump: Presidential Immunity from Criminal Conduct

NYU School of Law hosted an expert panel to discuss whether a former President is immune from criminal prosecution for official acts committed while in office.
Russian banknotes

Past Time to Liquidate Russian Assets

Russia, not Ukraine, should bear the costs of its unprovoked war. Russia’s gross illegality has unjustly enriched Russia, impoverished Ukraine, and imposed huge costs on their…

When Special Counsel Smith’s January 6th Trial Will Reach a Verdict: Analyzing the Alternative Timelines

Updated overview of potential timelines for the resolution of Donald Trump's appeal and trial in federal prosecution for January 6th.
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Transferring Russian Assets to Compensate Ukraine: Some Reflections on Countermeasures

There is no doubt that Russia owes compensation for the damage caused to Ukraine. But a key practical difficulty in achieving compensation for Ukraine and its people for the damage…
Minister of Foreign Affairs of Canada Melanie Joly speaks during the Eleventh Emergency Special Session of the General Assembly on Ukraine, at UN headquarters

Canada’s Special Economic Measures Act Under International Law

Alternatives to SEMA would ensure that Canada abides by international law in pushing back against Russia's violation of the U.N. Charter
EU Building Lighted With Ukrainian Flag, Two EU Flags and One Ukrainian Flags in Front

Reparations for Ukraine: Three Proposals from Europe

Three European proposals seek to overcome or circumvent the key barrier to confiscation of Russian State-owned assets – the high level of immunity from enforcement that attaches…
Three workers in orange vests look through a pile of rock, with construction equipment in foreground and reconstructed bridge and Orthodox-style church in background.

Sovereign Immunity and Reparations in Ukraine

It would be hard to “unring” the bell of unilateral (and largely self-judging) exceptions to the protections traditionally afforded one State’s sovereign held by, or on the…
A person walks past a hospital destroyed by a Russian missile attack in the town of Selydove, Donetsk region

How to Make Russia Pay to Rebuild Ukraine

A system of collective countermeasures institutionalized through the U.N. can create pressure to bring Russia to the table.

How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines

An overview of the potential procedural pathways for former President Trump's appeal of his federal prosecution for election interference.

Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy

The DC Circuit has every reason to put the burden on former President Trump by issuing a quick mandate.
Ukrainian President Volodymyr Zelensky and Secretary-General of the United Nations Antonio Guterres shake hands in front of the U.N. and Ukrainian flags

Making Counter-Hegemonic International Law: Should A Special Tribunal for Aggression be International or Hybrid?

The increasingly polarized debate over the tribunal’s institutional design – international or hybrid – goes to the heart, and core purpose, of international criminal justice,…
Ukrainian artillerymen of Aidar battalion fire a 122mm D30 howitzer artillery field gun

Trials of Ukrainian Prisoners of War in Russia: Decay of the Combatant’s Immunity

Captured members of UAF units - including the Azof and Aidar battalions - qualify as POWs and should be protected from prosecution for lawful acts of war by the combatant’s privilege.…
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