Search Results for: sovereign immunity

The Vienna Convention on Diplomatic Relations of 1961 stands as a cornerstone treaty in the realm of international law, delineating the structure for diplomatic interactions between sovereign states. This pivotal agreement secures the rights and protections of diplomatic missions, granting diplomats the freedom to execute their duties without hindrance or intimidation from the host nation. [...]

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal (1950) (Principle [...]

Last week, a US appeals court panel stood as guardians of America’s founding ideals against a would-be despot. Donald Trump told the court that he is immune to prosecution over the January 6 Capitol attack because at the time he was president, and thus anything he may have said or done in connection with the [...]

In a unanimous slip opinion, the US Supreme Court ruled on Thursday that the Fair Credit Reporting Act (FCRA) waives sovereign immunity and that the federal government can be liable for incorrect debt reporting that damages credit scores. Justice Neil Gorsuch authored the opinion of the court. Gorsuch noted that the FCRA allows consumers to [...]

“So far from it being unjust to punish him, it would be unjust if his wrongs were allowed to go unpunished.” Nuremberg Tribunal (1946) At the beginning of 2024, former President Donald J. Trump’s most conspicuously unsupportable legal claim has been his personal immunity from criminal prosecution. With this claim, Mr. Trump and his lead [...]

The High Court of Justice of Suriname upheld on Wednesday a 20-year prison sentence for former President Desi Bouterse in connection with the December 1982 murders of 15 political opponents during his regime. Bouterse, who served as president of the sovereign state from 2010 to 2020, initially rose to power as Suriname’s de facto leader from [...]

“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]

The US Court of Appeals for the Fifth Circuit temporarily enjoined the Department of Homeland Security (DHS) from cutting Texas’ wire fencing at the US-Mexico border on Tuesday. The case is an appeal from the US District Court for the Western District of Texas, which rejected Texas’ motion for a preliminary injunction. Circuit Judge Stuart [...]

Time is of the essence when it comes to creating a court or tribunal dedicated to adjudicating Russian aggression against Ukraine. And while much consideration has already been given to the creation of a UN General Assembly-backed tribunal, the preferred option in my opinion, I would suggest the time has come to expand our consideration [...]

The Seoul High Court rendered a decision on Thursday that ordered the Japanese government to compensate each of the former “comfort women” who initially brought a lawsuit in the Seoul Central District Court in 2016, according to South Korean news source KBS. The decision overturns an April 2021 decision from the district court and awards [...]