Immunity

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160 Articles
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.

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.
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

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,…
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.…
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