Visitors now: 12
Foreign Battle, Service on Visiting General
On February 15, 2008, the United States Court of Appeals for the District of Columbia Circuit decided
Ali Saadallah Belhas et al. v. Moshe Ya'alon, docket number 07-7009, by affirming the dismissal of an action against a retired Isreali intelligence officer who visited Washington and became available for service of process.
The subject matter relates to a battle in the south of Lebanon and damages claimed by persons remaining there after an advisory from Israel that all persons found there would be deemed terrorists. The shelling of United Nations compound led to casualties but allowed for no exceptions under the Foreign Sovereign Immunities Act under which subject-matter jurisdiction could be had.
The plaintiffs could not prevail in their appeal under either the Alien Tort Claims Act or the Torture Victim Protection Act of 1991, the appellate court confirmed. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington.
Fri, / / Embassy Law Link
New Terrorism Exception to FSIA
Significant amendments to the Foreign Sovereign Immunities Act were signed into law January 28, 2008. Section 1083, a provision of the National Defense Authorization Act for Fiscal Year 2008, includes several key provisions to existing law with regard to the terrorism exception to foreign sovereign immunity. Specifically, section 1083 amends §1610 of the FSIA and adds §1605(a).
The changes focus primarily on allowing victims of state-sponsored terrorism to more easily recover damages from terrorist states. American citizens, members of the U.S. Armed Services and government employees will have expanded ability to sue state sponsors of terrorism for damages in U.S. courts.
In their efforts to receive compensation, victims will be able to formally identify the foreign state's property in the United States through a lien of lis pendens. Diplomatic and consular property of foreign states will remain protected from being used to satisfy victims' claims. -- Genevieve Cohoon, legal assistant, Berliner, Corcoran & Rowe, LLP, Washington.
Fri, / / Embassy Law Link
