Immunity
160 Articles

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,…

German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials
A leading scholar explains landmark decision by Germany's highest criminal court.

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…

Nestlé & Cargill v. Doe Series: Meet the “John Does” – the Children Enslaved in Nestlé & Cargill’s Supply Chain
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…

Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp
Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.

All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act
A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.

Part 2 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…

Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…

US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles
Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.

Suing Foreign States in U.S. Courts
Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…