Immunity

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The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

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…
A child struggles to pick cocoa beans hanging above in the Daloa province of Cote D’Ivoire.

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 Crown Prince Mohammed bin Salman attends a key summit of the 57-member Organization of Islamic Cooperation (OIC) in the Saudi holy city of Mecca on June 1, 2019.

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.
E Jean Carroll and Mary Trump

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.
Italian marines Massimiliano Latorre (C) and Salvatore Girone (L) arrive with Admiral Luigi Binelli Mantelli (R) at Ciampino airport near Rome, on December 22, 2012.

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…
Italian marines Massimiliano Latorre (C) and Salvatore Girone (L) arrive with Admiral Luigi Binelli Mantelli (R) at Ciampino airport near Rome, on December 22, 2012.

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…
Saudi Crown Prince Mohammed bin Salman (C) arrives to attend a session during the Future Investment Initiative (FII) conference in the capital Riyadh on October 24, 2018.

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.
Thurgood Marshall Courthouse

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.…
Demonstrators protest against police brutality on June 11, 2020 in New Haven, Connecticut. Protesters hold signs reading, "Stop Killing Us," and "La policia no me cuida."

The Supreme Court’s Insidious Development of Qualified Immunity

The American policing and criminal justice system is a complex machine, soldered together from a variety of tools and tactics of oppression. By purpose, design, and effect, the…
The wreckage of the U.S. embassy in Dar es Salaam embassy in 1998.

The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
People demonstrate against President Richard Nixon and for the implementation of the impeachment proceedings, 30 January 1974 in Washington.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates

Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
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