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by hn_throwaway_99
1303 days ago
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I think the headline is a bit misleading. "given" immunity to me implied that there was some deal or something where the US government proactively gave MBS immunity. What happened was the US State Dept determined he had immunity due to his current role as Saudi Arabia PM. Thus, my understanding is that this would be standard diplomatic immunity, no? And if MBS ever stopped being PM he would lose that immunity, as MBS only became PM after the killing took place (not sure if this part is correct). |
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Diplomatic immunity is very nuanced and has multiple levels, but in general being a head of state alone does not qualify you. You need to hold a role within a diplomatic mission to the country in which you committed the crime.
Historically the US justice system has blocked civil suits against foreign states and heads of state out of respect for their sovereignty. The major exemption to this under the FSIA is if the foreign state has a commercial nexus to the United States. The Saudi sovereign wealth fund's multiple investments in the US absolutely pierce the protections they would have had.