Suits Against Terrorist States by Victims of Terrorism
Abstract
In 1996 Congress amended the Foreign Sovereign Immunities Act (FSIA) to allow U.S. victims of terrorism to sue designated State sponsors of terrorism for their terrorist acts. The courts have handed down large judgments against the terrorist State defendants, generally in default, and successive Administrations have intervened to block the judicial attachment of frozen assets to satisfy judgments. After a court ruled that Congress never created a cause of action against terrorist States themselves, but only against their officials, employees, and agents, plaintiffs have based claims on state law. The limited availability of defendant States' assets for satisfaction of terrorism judgments has made collection difficult. Congress passed a rider to the National Defense Authorization Act for FY2008 (H.R. 1585), to provide a federal cause of action against terrorist States and to facilitate enforcement of judgments. After the President vetoed the bill based on the possible impact the measure would have on Iraq, Congress passed a new version, H.R. 4986, this time authorizing the President to waive its provisions with respect to Iraq. The measure, 1083 of P.L. 110-181, is the latest in a series of actions Congress has taken over the last decade to assist plaintiffs in lawsuits against terrorist States. This report provides background on the doctrine of State immunity and the FSIA; details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets; and provides an overview of proposed legislation. Appendix A provides a list of cases, including those covered by TRIA 2002 as amended and the amount of compensation paid. Appendix B lists the amount of the assets of each terrorist State currently blocked by the United States.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 17, 2008
- Accession Number
- ADA480783
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress