Immunity
157 Articles

History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
History shows the Supreme Court can come to a decision soon after oral arguments. It must do so on the question of presidential immunity.

Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity
"We suggest questions that Justices might ask the parties at oral argument, questions that can help clarify key issues at hand and force the parties to set out their reasoning."

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.