State Immunity

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

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 as war crimes. Following on from Sergey’s post yesterday, this post provides an overview of certain legal issues relating to the issuance of the warrants, as well as a brief reflection on some of the policy tensions it generates. Crimes within the Jurisdiction of the Court The ICC has jurisdiction over crimes committed on the territory of Ukraine on the basis of Ukraine’s declaration pursuant to Article 12(3) of the Rome Statute. The arrest warrants concern crimes alleged to have been committed on the territory of Ukraine at least from 24 February 2022. These are the war crimes of (i) unlawful deportation of population under Article 8(2)(a)(vii) of the…

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

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…

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

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…

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

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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Shunning Conventional Wisdom – Italian Courts and State Immunity in Employment Disputes

Introduction  On State immunity in civil proceedings, Italian courts have been pathbreakers, for better or worse. The Italian Supreme Court, in the 50s, developed the restrictive theory of State immunity, now accepted as custom (Ronzitti, Venturini). More recently, Italian courts have poked holes in immunity for international crimes in civil proceedings (Ferrini v Germany,…

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