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 USS Cole bombing was a suicide attack by al-Qaeda against USS Cole, a guided missile destroyer of the United States Navy, on 12 October 2000, while she was being refueled in Yemen's Aden harbor.
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.
The 1998 United States embassy bombings were attacks that occurred on August 7, 1998. More than 220 people were killed in nearly simultaneous truck bomb explosions in 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.
Permanent Mission of India v. City of New York, 551 U.S. 193 (2007), was a United States Supreme Court case in which the Court construed the Foreign Sovereign Immunities Act to allow a federal court to hear a lawsuit brought by the City of New York to recover unpaid property taxes levied against India and Mongolia, both of which own real estate in New York.
Sudan–United States relations are the bilateral relations between Sudan and the United States. The United States government has been critical of Sudan's human rights record and has dispatched a strong UN Peacekeeping force to Darfur. Relations between both countries in recent years have greatly improved, with Sudan's post-revolutionary government compensating American victims of al-Qaeda terror attacks, the removal of Sudan from the State Department's blacklist of state sponsors of terrorism and the United States Congress having reinstated Sudan's sovereign immunity in December 2020.
Sudan has a conflict in the Darfur area of western Sudan. The Khartoum government had, in the past, given sanctuary to trans-national Islamic terrorists, but, according to the 9/11 Commission Report, ousted al-Qaeda and cooperated with the US against such groups while simultaneously involving itself in human rights abuses in Darfur. There are also transborder issues between Chad and Darfur, and, to a lesser extent, with the Central African Republic.
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.
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.
Iranian frozen assets in international accounts are calculated to be worth between $100 billion and $120 billion. Almost $2 billion of Iran's assets are frozen in the United States. According to the Congressional Research Service, in addition to the money locked up in foreign bank accounts, Iran's frozen assets include real estate and other property. The estimated value of Iran's real estate in the U.S. and their accumulated rent is $50 million. Besides the assets frozen in the U.S., some parts of Iran's assets are frozen around the world by the United Nations.
The Flatow Amendment is an amendment to the Foreign Sovereign Immunities Act of 1976 passed in 1996, which allows American victims of terrorism to sue countries that are designated as terrorism sponsors. The legislation establishes that foreign state sponsors of terrorism "shall be liable to a United States national … for personal injury or death caused by acts of that [party]…."
Franchise Tax Board of California v. Hyatt, 587 U.S. 230 (2019), was a United States Supreme Court case that determined that unless they consent, states have sovereign immunity from private suits filed against them in the courts of another state. The 5–4 decision overturned precedent set in a 1979 Supreme Court case, Nevada v. Hall. This was the third time that the litigants had presented their case to the Court, as the Court had already ruled on the issue in 2003 and 2016.
A series of political agreements among Sudanese political and military forces for a democratic transition in Sudan began in July 2019. Omar al-Bashir overthrew the democratically elected government of Sadiq al-Mahdi in 1989 and was himself overthrown in the 2019 Sudanese coup d'état, in which he was replaced by the Transitional Military Council (TMC) after months of sustained street protests. Following further protests and the 3 June Khartoum massacre, TMC and the Forces of Freedom and Change (FFC) alliance agreed on 5 July 2019 to a 39-month transition process to return to democracy, including the creation of executive, legislative and judicial institutions and procedures.
Jam v. International Finance Corp., 586 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. The Supreme Court ruled that international organizations, such as the World Bank Group's financing arm, the International Finance Corporation, can be sued in US federal courts for conduct arising from their commercial activities. It specifically held that international organizations shared the same sovereign immunity as foreign governments. This was a reversal from existing jurisprudence, which held that international organizations had near-absolute immunity from lawsuits under the Foreign Sovereign Immunities Act and the International Organizations Immunities Act.
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.
Marik String is an American attorney, national security expert, and U.S. Navy officer, who served as Acting Legal Adviser of the U.S. Department of State from 2019 to 2021.
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.
