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.
