Remarkably, the United States Supreme Court and the International Court of Justice are addressing nearly identical issues at the same time: the application of sovereign immunity in suits for war crimes and other atrocities. Although the two courts may be unlikely to look to each other for guidance, the very existence of parallel cases about still unresolved issues speaks volumes.
It tells us that the notion of jurisdictional immunity for states is no longer automatic. It drives us to think about the role of sovereign immunity as a bar to jurisdiction and, more importantly, about the limited recourse victims of atrocities have to find justice through retribution and restitution. Finally, it spurs us to think about the policy considerations that rarely come to light amid technical discussions of statutory interpretation.
It tells us that the notion of jurisdictional immunity for states is no longer automatic. It drives us to think about the role of sovereign immunity as a bar to jurisdiction and, more importantly, about the limited recourse victims of atrocities have to find justice through retribution and restitution. Finally, it spurs us to think about the policy considerations that rarely come to light amid technical discussions of statutory interpretation.
