State Immunity

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EJIL: The Podcast! Episode 19 – “From Russia With War: Part Deux”

March 24, 2023

Philippa Webb

In this episode Marko Milanovic, Dapo Akande and Philippa Webb are joined by Oona Hathaway (Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School) to discuss big legal issues arising from the Russian invasion of Ukraine, one year on. Some of the issues that they discussed a year ago in Episode 14 remain relevant, but other issues have come into sharper focus. The speakers first discuss the ICC arrest warrant issued on 17 March 2023 for President Putin and the children’s rights commissioner, Maria Lvova-Belova. They reflect on the significance of this legal step, its timing, the occupied territory question, and the immunity issues that will arise given Putin’s status as head of state of a non-party State to the ICC Statute. Oona reflects on the changing position of the United States, and different views that co-exist within the Government with respect to the ICC.

The ICC Arrest Warrants against Vladimir Putin and Maria Lvova-Belova – An Outline of Issues

March 21, 2023

Miles Jackson

On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the Court”) issued arrest warrants for Vladimir Putin and Maria Lvova-Belova. Putin is the President of the Russian Federation. Lvova-Belova is the Commissioner for Children’s Rights in the Office of the President. The crimes alleged concern deportation and transfer of children…

The International Criminal Court goes all-in: What now?

March 20, 2023

Sergey Vasiliev

The bombshell announcement on 17 March 2023 of ICC arrest warrants against Russian President Putin and his Children’s Rights Ombudswoman Lvova-Belova put an end to one-year long speculations about the first cases to be brought before the ICC in relation to Ukraine. Pre-Trial Chamber II (PTC II) found reasonable grounds to believe they committed war…

Al-Masarir v Saudi Arabia: A route to state accountability for spyware

August 24, 2022

Viktor Seppälä

Daisy Peterson

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim…

Is the Dispute between Germany and Italy over State Immunities Coming to an End (Despite Being Back at the ICJ)?

May 10, 2022

Lorenzo Gradoni

For nearly two decades Germany and Italy have been embroiled in a dispute over the scope of State immunities under international law. The dispute which relates to the question of compensation for victims of crimes committed by Nazi forces in Italy or against Italian citizens, has recently been resubmitted by Germany to the International Court of Justice…

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ICC Appeals Chamber Holds that Heads of State Have No Immunity Under Customary International Law Before International Tribunals

May 6, 2019

Dapo Akande

The Appeals Chamber of the International Criminal Court (ICC) has, this morning, issued what seems to be an extremely controversial decision on Head of State Immunity. At the time of writing, the full written judgment is not yet available in the appeal by Jordan against the decision of the Pre-Trial Chamber referring that state to the UN Security…

The ‘Security Council Route’ to the Derogation from Personal Head of State Immunity in the Al-Bashir Case: How Explicit must Security Council Resolutions be?

September 19, 2018

Talita de Souza Dias

Last week, the Appeals Court of the International Criminal Court (ICC, the Court) held hearings in relation to Jordan’s Appeal from a decision of Pre-Trial Chamber (PTC) II holding that it has failed to cooperate with the Court in the arrest and surrender of Sudan’s President, Omar Al-Bashir. As is well known, Al-Bashir is presently…

Let the Games Continue: Immunity for War Crimes before the Italian Constitutional Court

October 24, 2014

Christian Tams

The issue is important, no doubt – to what extent do rules of immunity apply in respect of grave violations of international law? Over the past two decades, it has been addressed by lawmakers, the ILC, international and national courts in cases like Al Adsani, Jones, Bouzari and others – and of course in hundreds of articles, notes…

Germany v. Italy: Germany Wins

February 3, 2012

Marko Milanovic

The International Court of Justice this morning rendered its judgment in the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case (judgment; case materials). As widely expected, Germany won, and won hands down. On the main issue of jurisdictional immunity the Court decided in Germany’s favour by 12 votes to…