Immunity
155 Articles
Where do States Stand on Official Immunity Under International Law?
There is now a clear majority of support for draft Article 7, at least to the extent that it provides for the inapplicability of functional immunity to the crimes of genocide,…
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.
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.
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…
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
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…
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…
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.
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,…