Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104–132 (text)(PDF), 110 Stat. 1214, enacted April 24, 1996, was introduced to the United States Congress in April 1995 as a Senate Bill. The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton.
"State Sponsors of Terrorism" is a designation applied to countries that are alleged to have "repeatedly provided support for acts of international terrorism" per the United States Department of State. Inclusion on the list enables the United States government to impose four main types of unilateral sanctions: a restriction of foreign aid, a ban on weapons sales, heightened control over the export of dual-use equipment, and other miscellaneous economic sanctions. The State Department is required to maintain the list under section 1754(c) of the National Defense Authorization Act for Fiscal Year 2019, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act.
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state is immune from the jurisdiction of the United States' federal or state courts. The Act also establishes specific procedures for service of process, attachment of property and execution of judgment in proceedings against a foreign state. The FSIA provides the exclusive basis and means to bring a civil suit against a foreign sovereign in the United States. It was signed into law by United States President Gerald Ford on October 21, 1976.
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country.
Palestinian suicide attacks using bombs were carried out on two No. 18 buses on Jaffa Road in Jerusalem, in 1996. Hamas suicide bombers killed 45 people in the attacks, which were masterminded by Mohammed Deif, using explosives prepared by Adnan Awul. These two bombings, within a few days of each other, occurred during a Hamas offensive launched after the killing of Yahya Ayyash, which also included the French Hill neighborhood attack, a suicide bombing in Ashkelon, and a terrorist attack near Dizengoff Center in Tel Aviv.
The 1998 United States embassy bombings were attacks that occurred on August 7, 1998. More than 220 people were killed in two nearly simultaneous truck bomb explosions in two East African capital cities, one at the United States embassy in Dar es Salaam, Tanzania, and the other at the United States embassy in Nairobi, Kenya.
The April 18, 1983, United States Embassy bombing was a suicide bombing on the Embassy of the United States in Beirut, Lebanon, that killed 32 Lebanese, 17 Americans, and 14 visitors and passers-by. The victims were mostly embassy and CIA staff members, but also included several US soldiers and one U.S. Marine Security Guard. The attack came in the wake of an intervention in the Lebanese Civil War by the United States and other Western countries. The attacks were claimed by the Islamic Jihad Organization. The United States later believed they were perpetrated by Hezbollah, but Hezbollah denied responsibility.
The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In a controversial signing statement, President Bush instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President".
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law.
The Torture Victim Protection Act of 1991 is a US statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens.
Daniel Wultz was a Jewish-American teenager and one of 11 people killed in the 2006 Tel Aviv shawarma restaurant bombing at Rosh Ha'ir restaurant in Tel Aviv, Israel. Seventy others were injured. Islamic Jihad claimed responsibility for the attack. On April 17, 2006, around 1:30 pm, a Palestinian suicide bomber approached a crowded restaurant near the old Tel Aviv Central Bus Station. The suicide bomber blew himself up when the security guard stationed at the entrance to the restaurant asked him to open his bag for inspection.
Stephen Flatow is an American lawyer notable for initiating a series of lawsuits targeting the Islamic Republic of Iran and several international banks that processed transactions on Iran's behalf.
Bank Markazi v. Peterson, 578 U.S. 212 (2016), was a United States Supreme Court case that found that a law which only applied to a specific case, identified by docket number, and eliminated all of the defenses one party had raised does not violate the separation of powers in the United States Constitution between the legislative (Congress) and judicial branches of government. The plaintiffs, in the case had initially obtained judgments against Iran for its role in supporting state-sponsored terrorism, particularly the 1983 Beirut barracks bombings and 1996 Khobar Towers bombing, and sought execution against a bank account in New York held, through European intermediaries, on behalf of Bank Markazi, the Central Bank of the Islamic Republic of Iran. The plaintiffs obtained court orders preventing the transfer of funds from the account in 2008 and initiated their lawsuit in 2010. Bank Markazi raised several defenses, including that the account was not an asset of the bank, but rather an asset of its European intermediary, under both New York state property law and §201(a) of the Terrorism Risk Insurance Act. In response to concerns that existing laws were insufficient for the account to be used to settle the judgments, Congress added an amendment to a 2012 bill, codified after enactment as 22 U.S.C. § 8772, that identified the pending lawsuit by docket number, applied only to the assets in the identified case, and effectively abrogated every legal basis available to Bank Markazi to prevent the plaintiffs from executing their claims against the account. Bank Markazi then argued that § 8772 was an unconstitutional breach of the separation of power between the legislative and judicial branches of government, because it effectively directed a particular result in a single case without changing the generally applicable law. The United States District Court for the Southern District of New York and, on appeal, the United States Court of Appeals for the Second Circuit both upheld the constitutionality of § 8772 and cleared the way for the plaintiffs to execute their judgments against the account, which held about $1.75 billion in cash.
The Justice Against Sponsors of Terrorism Act (JASTA) is a law enacted by the United States Congress that narrows the scope of the legal doctrine of foreign sovereign immunity. It amends the Foreign Sovereign Immunities Act and the Anti-Terrorism and Effective Death Penalty Act in regard to civil claims against a foreign state for injuries, death, or damages from an act of international terrorism on U.S. soil.
Rubin v. Islamic Republic of Iran, 583 U.S. ___ (2018), was a United States Supreme Court case brought against the state of Iran by the families of American victims of the Ben Yehuda Street bombings which occurred in September 1997. Under the Foreign Sovereign Immunities Act of 1976, nations cannot typically be sued unless the state can be proved to have provided support for terrorists or acts of terrorism. After a district judge ruled Iran owed $71.5 million to the families of the victims, the families brought several cases to court in an attempt to attach and execute on assets owned by the state of Iran located in the United States.
Republic of Sudan v. Harrison, 587 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. The Court held that civil service of a lawsuit against the government of Sudan was invalid because the civil complaints and summons had been sent to the Embassy of Sudan in Washington, D.C. rather than to the Sudanese Foreign Minister in Khartoum.
Opati v. Republic of Sudan, 590 U.S. 418 (2020), was a United States Supreme Court case involving the Foreign Sovereign Immunities Act with its 2008 amendments, whether plaintiffs in federal lawsuits against foreign countries may seek punitive damages for cause of actions prior to enactment of the amended law, with the specific case dealing with victims and their families from the 1998 United States embassy bombings. The Court ruled unanimously in May 2020 that punitive damages can be sought from foreign nations in such cases for preenactment conduct.
Cicippio-Puleo v. Islamic Republic of Iran was a 2004 case in the United States Court of Appeals for the District of Columbia Circuit related to the Foreign Sovereign Immunities Act (FSIA). The DC Circuit Court ruled that while 1996 amendments in FSIA made exceptions from sovereign immunity for states known for supporting state-sponsored terrorism, as listed by the State Department, foreign nations were still immune from private cause of action, preventing lawsuits from private individuals levied at the state based on such terrorism. As a result of this ruling, Congress significantly amended FSIA in 2008 to greatly expand the exceptions from sovereign immunity for state-sponsored terrorism and specifically allowing for causes of actions against foreign countries.
Acree v. Republic of Iraq, 370 F.3d 41, was a case before the United States Court of Appeals for the District of Columbia. U.S. military personnel who had been tortured by Iraq during the 1991 Gulf War sued for damages, arguing that the Foreign Sovereign Immunities Act (FSIA) made state sponsors of terror liable. Iraq never contested the lawsuit, but the U.S. federal government intervened. The Court of Appeals ultimately decided against the plaintiffs, saying that the FSIA did not create new causes of action against foreign states. The U.S. Supreme Court declined to hear the plaintiffs' appeal.
