Immunities of Foreign Officials for International Crimes: The Dilemmas of Strategic Litigation.

This article examines the strategic litigation efforts aimed at restricting immunities for foreign officials accused of international crimes, emphasizing how such litigation shapes legal realities beyond mere courtroom victories. It analyzes three main legal approaches to limiting functional immunities: interpreting international crimes as outside state functions, asserting that jus cogens norms prohibiting such crimes override immunities, and invoking human rights—particularly the right to an effective remedy—as grounds to challenge immunities. The article highlights the complex trade-offs and unintended consequences of these strategies, cautioning human rights lawyers to consider how litigation outcomes influence broader legal narratives, sovereignty concerns, and the balance between victims' rights and procedural fairness. Ultimately, it calls for a nuanced approach to strategic litigation that weighs symbolic and practical impacts rather than pursuing victory at all costs.