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44 Vand. J. Transnat'l L. 1141 (2011)
Foreign Official Immunity after Samantar: A United States Government Perspective

handle is hein.journals/vantl44 and id is 1157 raw text is: VANDERBILT JOURNAL
VOLUME 44                 NOVEMBER2011                    NUMBER 5
Foreign Official Immunity After
Samantar:                  A        United              States
Government Perspective
Harold Hongju Koh*
I.    THE WORLD BEFORE SAMANTAR......................... 1142
II.    SAMANTAR AND ITS IMPLICATIONS       ..................  1146
A.    Five Tenets of Official Immunity Practice.........  1152
B.    Non-Samantar Status Issues ....        ............  1155
C.    Non-Samantar Procedural Issues............       1158
D.    The Sound of Silence       ........   .............  1159
I am delighted to speak here at Vanderbilt regarding the U.S.
Government's perspective on Foreign Official Immunity after
Samantar v. Yousuf.' In the Samantar case, the U.S. Supreme Court
unanimously held that the immunity of foreign government officials
Legal Adviser, United States Department of State; Martin R. Flug '55 Professor
of International Law, Yale Law School (on leave). This is a lightly edited and footnoted
version of a keynote speech delivered on February 4, 2011 at the Vanderbilt Journal of
Transnational Law Symposium on the Samantar case. I am grateful to Professors
Ingrid Wuerth and Michael Newton and the Journal's editors for their kind hospitality
during my visit to Nashville, and to my Counselors on International Law Professors
Sarah Cleveland and Bill Dodge and to my colleagues at the Legal Adviser's Office-
Kimberly Gahan, Mary Catherine Malin, David Pozen, Jonathan Schwartz, Aaron
Zelinsky, David Zionts, and especially Paige Chabora-for their outstanding support.
1.    130 S. Ct. 2278 (2010).


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