Immunity

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Fighters from the Free Syrian Army cheer and react as they fight against the Islamic State (IS) group jihadists on the outskirts of the northern Syrian town of Dabiq, on October 15, 2016.

​​Combatant Privilege vs. Criminal Responsibility for Organized Armed Groups

Editor’s Note: This article is part of the Armed Groups and International Law Symposium, building on the volume edited by Katharine Fortin and Ezequiel Heffes. During international…
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios

Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
New York cityscape

Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder

Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.
People with umbrellas in a line outside the Supreme Court

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."
Various countries' flags in front of UN building and fence with UN symbol

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 episode title appears with sound waves behind it.

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…
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