Flatow v. Islamic Republic of Iran and Others

Abstract

State immunity — Foreign Sovereign Immunities Act 1976 (“FSIA”) — Antiterrorism and Effective Death Penalty Act 1996, codified in 28 USCA Section 1605, amending FSIA — State-sponsored terrorism exception to immunity — Availability of punitive damages in actions brought under the terrorism exception for personal injury or death — Jure gestionis — Removal of immunity for certain category of sovereign acts — Jure imperii — Whether act of State doctrine available as defence — Whether Head of State immunity available as defence — Whether Islamic Republic of Iran immune from suit — Whether officials of Islamic Republic of Iran immune from suit

Relationship of international law and municipal law — International terrorism — Sovereign acts repugnant to United States and international community — Federal initiative to combat international terrorism — Two amendments to Foreign Sovereign Immunities Act 1976 — Creation of State-sponsored terrorism exception to sovereign immunity — Availability of federal causes of action for certain acts of State-sponsored terrorism

Jurisdiction — Universal — International terrorism — United States national killed by Iranian-sponsored terrorist attack in Israel — Whether United States court possessing jurisdiction over Islamic Republic of Iran — State-sponsored terrorism exception to sovereign immunity — Extraterritorial application — Whether consistent with international law — Bases for jurisdiction — Passive personality — Protective — Universal — Whether State-sponsored terrorism exception to sovereign immunity applying retroactively — Whether United States court possessing subject-matter jurisdiction — Whether United States court possessing personal jurisdiction over defendants — United States having strong interest and close connections with case — Applicability of United States law rather than law of the place of tort

State responsibility — Imputability — Foreign State sponsor of terrorism — Foreign State’s officials acting within scope of office in providing material support or resources for a terrorist act within the meaning of 28 USCA Section 1605(a)(7) — Whether punitive damages awarded against foreign State’s officials imputable to foreign State

Damages — Punitive damages — Prohibition in Foreign Sovereign Immunities Act 1976 — Flatow amendment to FSIA — Availability of punitive damages for State-sponsored terrorism — Deterrent and disabling effect of substantial punitive damages — Economic damages for wrongful death of Ms Flatow — Compensatory damages — Solatium

Comity — Defence of foreign State immunity and Head of State immunity matter of grace and comity rather than matter of right — The law of the United States of America