According to federal law, foreign countries cannot be sued by individuals in the U.S. and that is one of the points the Supreme Court had to consider before releasing its decision today. But an exception applies that a country can be sued by American citizens if it is designated as a sponsor of terrorism. Immunity is ordinarily attached to foreign sovereigns.
In 2003, Congress authorized the President to make exceptions with respect to Iraq, which was designated as a sponsor of terrorism. The Emergency Wartime Supplemental Appropriations Act repealed previous restrictions. President George W. Bush said that year that EWSAA allowed him to “make inapplicable with respect to Iraq of the Foreign Assistance Act of 1961 or any other provision of law that applies to countries that have supported terrorism.”
That same year, families of torture victims filed suits against Iraq, alleging mistreatment by Iraqi officials during, and following the 1991 Gulf War. Kenneth Beaty is a U.S. citizen who was working as an oil-rig supervisor in Kuwait when he was arrested by Iraqi border guards after asking them for driving directions. William Barloon was serving as an aircraft maintenance supervisor in Kuwait when border police also arrested him. The two men were taken to prison in Baghdad where they were allegedly denied basic living necessities and their case is entitled Republic of Iraq v. Beaty.
The unanimous Supreme Court decision was delivered today by Justice Scalia. It stated that Iraq’s sovereign immunity was restored when the President exercised his EWSAA authority to make Iraq an exception. The ruling said that the U.S. courts therefore lost jurisdiction to hear suits against Iraq and should have dismissed the cases at that point. The judgement of the Court of Appeals was reversed. The Court also decided that the subset provision applied to the President’s power to create waiver. However, the waivers created by that power or the restoration of Iraq’s sovereignty, are not affected by the sunset.
Supreme Court: U.S. Courts Have No Jurisdiction To Hear Suits Against Iraq
According to federal law, foreign countries cannot be sued by individuals in the U.S. and that is one of the points the Supreme Court had to consider before releasing its decision today. But an exception applies that a country can be sued by American citizens if it is designated as a sponsor of terrorism. Immunity is ordinarily attached to foreign sovereigns.
In 2003, Congress authorized the President to make exceptions with respect to Iraq, which was designated as a sponsor of terrorism. The Emergency Wartime Supplemental Appropriations Act repealed previous restrictions. President George W. Bush said that year that EWSAA allowed him to “make inapplicable with respect to Iraq of the Foreign Assistance Act of 1961 or any other provision of law that applies to countries that have supported terrorism.”
That same year, families of torture victims filed suits against Iraq, alleging mistreatment by Iraqi officials during, and following the 1991 Gulf War. Kenneth Beaty is a U.S. citizen who was working as an oil-rig supervisor in Kuwait when he was arrested by Iraqi border guards after asking them for driving directions. William Barloon was serving as an aircraft maintenance supervisor in Kuwait when border police also arrested him. The two men were taken to prison in Baghdad where they were allegedly denied basic living necessities and their case is entitled Republic of Iraq v. Beaty.
The unanimous Supreme Court decision was delivered today by Justice Scalia. It stated that Iraq’s sovereign immunity was restored when the President exercised his EWSAA authority to make Iraq an exception. The ruling said that the U.S. courts therefore lost jurisdiction to hear suits against Iraq and should have dismissed the cases at that point. The judgement of the Court of Appeals was reversed. The Court also decided that the subset provision applied to the President’s power to create waiver. However, the waivers created by that power or the restoration of Iraq’s sovereignty, are not affected by the sunset.