Immunity
157 Articles
Mexico v. Smith & Wesson: High-Stakes Gun Suit May Turn on Choice-of-Law Analysis
A U.S. district court will decide whether Mexico's suit against gun manufacturers is allowed to proceed.
A German Sentence of Life Imprisonment for Crimes Against Humanity – A Small Measure of Justice for Syria
Unpacking a landmark conviction for war crimes in Syria.
Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss
U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.
NSO Group Loses Immunity Claim at the Ninth Circuit
In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
Japan Cannot Claim Sovereign Immunity and Also Insist that WWII Sexual Slavery was Private Contractual Acts
In South Korea, two conflicting decisions by the Seoul Central District Court are testing the limited exceptions to sovereign immunity in a historic case of sexual violence in…
Will Iran’s New President be Held Accountable?
Raisi was directly involved in the summary execution of thousands of political prisoners in 1988. Is there a path to justice today?
Beyond the Coup in Myanmar: A Crisis Born from Impunity
The roots of the coup can be found both domestically, in the 2008 Constitution, and in the failure of the international community to hold Myanmar's military to account.
Beyond the Coup in Myanmar: “In Accordance with the Law” – How the Military Perverts Rule of Law to Oppress Civilians
The Tatmadaw have used the concept of "law" to justify both arbitrary violence against anti-coup protestors and the coup itself. But what would true "rule of law" mean in Myanmar?
On Functional Immunity of Foreign Officials and Crimes under International Law
Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
The Meaning of the Supreme Court’s Ruling in Germany v. Philipp
Last week the U.S. Supreme Court decided Germany v. Philipp, a Holocaust expropriation case brought under the Foreign Sovereign Immunities Act (FSIA). Writing for a unanimous Court,…