Human Rights

Introduction

Introduction

The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.

Background

Introduction

Introduction

On August 28, 2008, the United Kingdom’s National Contact Point (UK-NCP) issued its decision in Global Witness v. Afrimex Ltd.[1] In this case, Global Witness, a non-governmental organization,[2] alleged that Afrimex Ltd.

On May 30, 2008, delegates at the Dublin Diplomatic Conference on Cluster Munitions adopted the Convention on Cluster Munitions (CCM), a new treaty that seeks to ban the use, development, acquisition, stockpiling, retention, and transfer of cluster munitions.[1] The CCM will be opened for signature on December 3, 2008 (CCM, Article 15).

I. INTRODUCTION

On July 14, 2008, the Prosecutor of the International Criminal Court ("ICC", "Court") applied to Pre-Trial Chamber III of the Court for an arrest warrant against the President of Sudan, Omar Hassan Ahmad al-Bashir.[1] This is the first time that the Prosecutor filed charges against a sitting head of state.

Introduction