An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

In July 2024, the US Supreme Court held, in a 6-3 ruling, that former President Donald Trump enjoys absolute immunity for acts he committed within his constitutional powers as President, even though they were unlawful under US law. The decision has sparked debate over potential implications for rogue presidents who may wish to subvert the law (here), and US foreign policy (here, here, here). Justice Sotomayor, in her dissent, observed that this “new official-acts immunity now ‘lies about like a loaded weapon’ for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation”.

The Supreme Court conferred immunity under domestic law. But as the arrest warrants against President Putin and Prime Minister Netanyahu demonstrate, Heads of State are in the spotlight of international law just as much as domestic law. In fact, it could be said that their role engages international law more than any other official in government. Therefore, in this post, we explore the US Supreme Court’s ruling from the viewpoint of international law.

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CfP Protections in International Law; CfS Protection of Human Rights in the Context of Armed Conflict; CfP Journal of Conflict and Security Law; Coloniality of Measuring Famine Lecture; Second World Approaches to International Law Workshop; CfP Austrian Review of International and European Law; CfP Early Career Scholars Workshop – EJIL: Talk! – Go Health Pro

An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

1. Call for Papers: Canterbury Christ Church University. Canterbury Christ Church University, Kent, United Kingdom has issued a call for papers for its annual law conference titled “Protections in International Law.” The conference will be held from the 18 – 19 March 2025 at their campus and facility, with online presenters as well. The conference examines the current scope of protections available to individuals under international law and questions the limitations of such protections through diverse critical lenses in multiple fields of international law including, international human rights law, international humanitarian law, international criminal law, AI governance initiatives and investment law. Abstracts and biographies to be submitted by 21 February 2025 5pm here.

2. Call for Submissions: Protection of Human Rights in the Context of Armed Conflict. The Centre for Fundamental Rights is inviting abstract submissions for a research workshop on 13 June 2025 at the Hertie School. Submissions are open until 3 February 2025. Find more information here.

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Recognition of Head of State of Georgia after 29 December – EJIL: Talk! – Go Health Pro

An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

In recent months, Georgia has faced a deepening constitutional crisis. After elections marred with irregularities, the legality and legitimacy of the rule of the present powers-that-be have been questioned domestically and increasingly also internationally. These challenges to its authority have not barred the ruling party – Georgian Dream – from beginning parliamentary sessions as the sole party … Read more

A preliminary survey of the positions in the ICJ Climate Change advisory proceedings – EJIL: Talk! – Go Health Pro

An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

Amongst the many legal issues arising from the ICJ advisory proceedings in Obligations of States in respect of Climate Change, the erga omnes nature of the obligations involved has a particular significance. This nature comprises not only strictly environmental obligations, but also human rights obligations related to climate change. The issue presents a singular opportunity … Read more

When is it actually war? – EJIL: Talk! – Go Health Pro

An International Law Perspective on Trump v. United States – EJIL: Talk! – Go Health Pro

In the last few months, suspicious fires in warehouses and aboard aircraft, the severing of undersea power and Internet cables, GPS jamming, cyber operations against critical civilian infrastructure, and allegations of influence operations and election interference have been depicted as ‘hybrid warfare’ by both politicians and the media. So-called ‘hybrid threats’ or ‘hybrid attacks’, as well as allegations of the use of proxies to project power while attempting to obfuscate attribution and legal as well as political responsibility are a symptom of worrying developments, in particular in Europe. The geopolitical environment today is characterized by increasing/ed tensions among states, a militarized security environment, instability within countries, projection of power through a range of covert and coercive measures, and – at the global level – an increasing number of armed conflicts.

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