Sophie Young
94 Geo. Wash. L. Rev. 699
Immunity from a court’s jurisdiction is an enticing prospect when facing criminal prosecution. Sovereign immunity generally protects foreign nations from the jurisdiction of courts of another sovereign state. State-owned enterprises have sought that same protection from the exaction of a criminal conviction abroad. A 2023 Supreme Court decision, Turkiye Halk Bankasi A.S. v. United States, held that the federal statute governing foreign sovereign immunity does not apply to criminal cases, but only civil ones. Now, no statutory framework exists for courts to determine whether immunity applies to state-owned enterprises in criminal cases. This Note recommends a statutory solution to facilitate immunity determinations for foreign, state-owned enterprises that respects judicial authority, develops clear precedent, and complies with international law. This proposal assumes that immunity does not apply in criminal cases against state-owned enterprises, balancing international comity with accountability for criminal conduct.
