State Immunity

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Location, Location, Location: The UK Supreme Court’s Judgment in Shehabi v. Bahrain

In August 2022, I co-authored a post on the English case of Al-Masarir v. Saudi Arabia [2022] EWHC 2199, where Knowles J held that Saudi Arabia had no immunity under Section 5 of the UK State Immunity Act 1978 (‘UK SIA’) for its use of Pegasus spyware to hack the devices of Mr Al-Masarir, a human rights activist located in the UK. Four years later, the UK Supreme Court handed down its long-awaited judgment in Bahrain v. Shehabi [2026] UKSC 25, bringing an end to debates over whether States enjoy immunity under UK law for transboundary cyber espionage operations.

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Who Pays for Aggression? Ukraine’s Reparation Claims and Russian Frozen Assets

As Russia’s war against Ukraine rages, inflicting suffering on the country, its people, and economy, the Russian Central Bank (RCB) assets remain immobilised (i.e., frozen). Since December 2025, the EU, on whose territory a significant chunk of these assets has been immobilised, – €210 bn worth of assets out of approximately €290 bn  – modified the legal…

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Functional Immunity and “Covert Violent Acts”: The BGH’s Progressive Development of CIL in the Nord Stream Case

On 10 December 2025, the German Federal Court of Justice (Bundesgerichtshof, BGH) delivered its order (StB 60/25, English press release available here) in the criminal case against Serhiy K., accused of participating in the destruction of the Nord Stream 1 and 2 pipelines in September 2022. K.'s defence raised functional immunity as a procedural bar, arguing…

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Undoing the Grand Bargain? Pax Americana and the United Nations

Since its 3 February 2025 Executive Order, the United States has engaged in a series of decisions to either pause or entirely remove funding for various international organizations and agencies within the United Nations system, including withdrawing from the World Health Organization, withdrawing from the United Nations Human Rights Council, the 90-day pause in…

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Kerajaan Malaysia v. Lawyers for Liberty: At the Confluence of Fake News and Extraterritoriality

The dangers caused by the proliferation of misinformation – or ‘fake news’ – via social media platforms and instant messaging services are not easy to counteract. By the internet’s very nature, online communications are difficult to regulate as information shared by users in one jurisdiction can be easily made available to users in many others. In some cases,…

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