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Belhas et al. v. Ya'alon: Ali Saadallah Belhas et al. v. Moshe Ya'alon

Appeal from the United States District Court for the District of Columbia, 15 Feb 2008, United States Court of Appeals for the District of Columbia Circuit, United States

On 4 November 2005, a complaint was filed before the U.S. District Court for the District of Columbia on behalf of people injured or killed during the bombing of the UN compound (an area protected by the UN) in Qana on 18 April 1996 that killed more than 100 civilians and wounding hundreds. The plaintiffs claimed that General Moshe Ya’alon, the head of the IDF Army Intelligence who launched the bombing, should be held responsible for the decision to bomb the UN compound.

On 14 December 2006, the District Court dismissed the case, finding that Ya'alon could not be sued because the Court lacked jurisdiction to prosecute Ya’alon (as he enjoyed immunity under the Foreign Sovereign Immunities Act) and denied the need for jurisdictional discovery.

On 15 February 2008, the U.S. Court of Appeals for the District of Columbia Circuit upheld the decision of the District Court.


United States of America v. Tairod Nathan Webster Pugh

Jury Verdict, 9 Mar 2016, United States District Court for the Eastern District of New York, United States

Tairod Pugh is an US citizen and a US Air Force veteran who was convicted for providing material support to a terrorist organisation by attempting to travel to Syria in order to join ISIL, and obstruction of justice. After having worked in the Middle East for more than a year as an airplane mechanics, Pugh attempted to reach Syria through Turkey. On 10 January 2015, the defendant took a plane from Cairo and landed in Istanbul airport. As he refused a search of his laptop by the Turkish authorities, he was denied entry and was sent back to Cairo. Upon his arrival, he was detained by the Egyptian authorities who found damaged electronic devices in Pugh’s possession. On 15 January, he was deported from Egypt to the US and was arrested the following day in New Jersey. Pugh’s conviction is the first one after a trial by jury in the US involving an individual who attempted to travel to Syria to join ISIL. On 31 May 2017, he was sentenced to 35 years in prison.   


Alvarez-Machain v. Sosa: Alvarez-Machain v. Sosa et al./Alvarez-Machain v. The United States of America (rehearing en banc)

Opinion (rehearing en banc), 3 Jun 2003, United States Court Of Appeals For The Ninth Circuit, United States

In 1990, several Mexican nationals, executing an assignment from the United States Drug Enforcement Agency, abducted one of the persons suspected of involvement in the murder of a DEA official. He was eventually acquitted of all charges by an American Court and returned to Mexico.

Alvarez-Machain attempted to take legal action against the Mexican nationals (including Jose Francisco Sosa) involved in his arrest, and against the United States. In first instance, the Court rejected the action against the United States, but established Sosa’s liability. The Court of Appeal confirmed Sosa’s liability, establishing that his involvement in the arbitrary arrest and detention of Alvarez-Machain constituted a breach of the ‘law of nations’. In the current en banc hearing and opinion the Court of Appeal affirmed its earlier conclusion concerning Sosa, and also established liability of the United States: Machain's arrest, planned by the DEA in the United States, was found unlawful.


Schneider v. Kissinger: René Schneider et al. v. Henry A. Kissinger et al.

Memorandum Opinion, 30 Mar 2004, United States District Court for the District of Columbia, United States

In the aftermath of the 1970 Chilean presidential elections, General Rene Schneider was killed as several military officers attempted to kidnap him. His sons allege that Henry Kissinger, then National Security Advisor to president Nixon, knew of the plans to kidnap Schneider and did nothing to stop it. The Court did not allow the case to proceed, stating that the claim made by Schneider’s sons could not be viewed separately from the context of US foreign policy at that time and that the judge should not rule on this.  Questions regarding foreign policy, the Court reasoned, should remain strictly within the domain of politics. Also, the Court held that Kissinger had acted within the constraints of his position of National Security Adviser and that therefore the defendant should be the United States, not Kissinger personally. However, the Court held that the United States enjoyed immunity for the alleged crimes. Therefore, the case was dismissed.


Bancoult v. McNamara: Olivier Bancoult et al. v. Robert S. McNamara et al.

Memorandum Opinion, 21 Dec 2004, United States District Court for the District of Columbia, United States

The Chagos Archipelagos are a collection of small islands in the middle of the Indian Ocean. Under British administration since 1814, they were home to approximately 1000 inhabitants by the 1960s who lived on and cultivated the land, educated their children and raised their families.

In 1964, the British and the United States governments entered into secret negotiations the outcome of which was the establishment of a military base on Diego Garcia, the Chagos Archipelagos largest islands. In order to do so, from 1965 until 1971, the population of Chagos was forcibly relocated: those who had left on trips abroad were denied re-entry, an embargo was put in place preventing the delivery of crucial food supplies, and the remaining population was forcibly loaded onto ships and relocated to Mauritius and the Seychelles.

The present civil suit is brought by the indigenous peoples of Chagos, their survivors and their descendants against the United States and a number of high-ranking individuals within the US Government whom the plaintiffs consider responsible for their forcible relocation. By its memorandum opinion of 21 December 2004, the United States District Court for the District of Columbia dismissed the plaintiffs’ motion on the ground that the named individual defendants were all federal employees at the time (e.g. former Secretaries of Defense, Admirals) and therefore benefited from immunity from prosecution under US law. Alleged violations of the Alien Tort Claims Act do not fall within the accepted exception to immunity because the Act itself does not create substantive rights and obligations that can be violated. 


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