Julian G Ku

July 08, 2021 | New York Law Journal

A near-unanimous majority of the U.S. Supreme Court dealt yet another blow to plaintiffs seeking to bring lawsuits against corporations for violations of international law holding that mere "corporate activity" within the United States is not enough to satisfy the general presumption against the extraterritorial application of federal law.

By Samuel Estreicher and Julian G. Ku

7 minute read

June 10, 2021 | New York Law Journal

Application of the relevant legal standards reveals that Israel has a sound legal justification for using military force against Hamas, and that its use of such force likely conformed to the applicable international laws of war, whereas Hamas on the other hand has repeatedly violated the core, bedrock principle that civilians cannot be targeted, whatever the ostensible justification.

By Samuel Estreicher and Julian G. Ku

9 minute read

April 20, 2021 | New York Law Journal

In this U.S. Foreign Relations column, Samuel Estreicher and Julian G. Ku discuss a recent ruling that the ICC's jurisdiction extends to territory occupied by Israel during the 1967 Six Day War, namely, the West Bank, Gaza and East Jerusalem. The decision clears the way for the ICC's Prosecutor to investigate, arrest, and try any individual whom it finds has committed serious violations of international law in those territories. Israel has rejected this decision and its applicability to Israeli nationals, especially Israeli soldiers. The largely unpersuasive legal basis for the decision to authorize expansive jurisdiction will undercut the ICC's future effectiveness and legitimacy.

By Samuel Estreicher and Julian G. Ku

8 minute read

March 17, 2021 | New York Law Journal

The court's strict interpretation of when international law would permit an exception to foreign sovereign immunity fits within a larger pattern of Supreme Court decisions restricting the ability of foreign plaintiffs to bring cases into U.S. courts that have little or no connection to the United States.

By Samuel Estreicher and Julian G. Ku  

10 minute read