State Liable for Diplomats' Torts?
Model behavior by diplomats contrasts with a few bad apples. May mistreated domestic personnel of foreign diplomats in the United States sue the foreign sending state in a United States court?
The United States Court of Appeals for the Second Circuit explored the exposure of both the diplomatic employer and the foreign nation, under doctrines ranging from the Foreign Sovereign Immunities Act to the Alien Tort Claims Statute.
With respect to the state, the court held on September 24, 2010, that neither the tortious activity exception nor the commercial activities exception removed the state's FSIA immunity, in the matter Swarna v. Al-Awadi, docket number 09-2525. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Fri, / Embassy Law Link