Explained: Can Nicolás Maduro claim sovereign immunity before a US court?
The article analyzes the legal challenge of Nicolás Maduro's claim of head-of-state immunity in a US court, where he faces charges including narco-terrorism. It traces the evolution of sovereign immunity in US law, from absolute to restrictive theories, highlighting the Foreign Sovereign Immunities Act (FSIA) and the 'one voice' doctrine, which mandates judicial deference to the Executive's recognition of foreign governments. The piece contrasts US judicial practice with that of other domestic courts (UK, France) and international tribunals (ICJ, SCSL, ICC), which often apply different rules regarding incumbent and former heads of state. It concludes by discussing the significant global precedent a ruling against Maduro based on non-recognition by the prosecuting executive could set, potentially undermining the stability that immunity doctrines aim to protect.
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