Justia International Law Opinion Summaries

The United States and the French Republic agreed to establish a fund for compensating non-French nationals who were deported from France to concentration camps during the Holocaust. The Department of State, which administers the fund, denied compensation to the plaintiffs here. They sought judicial review under the Administrative Procedure Act.   The DC Circuit concluded that the district courts in Schieber and Faktor correctly concluded that the plaintiffs there failed to state a claim. The district courts in Gutrejman, Schneider, and Bywalski erred in dismissing the claims at issue on jurisdictional grounds, but the court affirmed on the alternative ground that these plaintiffs failed to state a claim. The court explained that the plaintiffs object that Article 8 governs only disputes between the United States and France, as opposed to disputes between individual claimants and the State Department. But by its terms, Article 8 applies to “any dispute arising out of the interpretation or performance of this Agreement. View "Jenny Schieber v. USA" on Justia Law

In 2015, two citizens of the United States and one citizen of the United Kingdom brought an action in the federal district court seeking either return of the artifacts or monetary compensation. The plaintiffs trace their lineages to three of the owners of the art firms. They claim that members of the Nazi government coerced the consortium members into selling the collection for far less than its true market value. Their initial complaint was named as defendants the Federal Republic of Germany and its agency – SPK, for short – that now administers the museum where the artifacts are on display. The district court determined in a thorough opinion that plaintiffs had not preserved their notGerman-nationals claim because they failed to raise it in their original complaint, in their amended complaint, or at any point in the lengthy proceedings in the district court, or in their brief or oral argument the first time this case went on appeal to this court. This appeal is the latest chapter dealing with SPK’s immunity defense under the Foreign Sovereign Immunities Act.   The DC Circuit affirmed. The court held that the district court correctly understood the mandates to preclude Plaintiffs from amending their pleadings with allegations to support arguments not preserved on the existing record. The court explained that the Supreme Court’s mandate directed the court to instruct the district court to determine whether plaintiffs preserved their not-German-nationals argument. That mandate would make little sense if it also allowed the district court to permit plaintiffs to cure any failure to preserve that argument by amending their complaint. View "Alan Philipp v. Stiftung Preussischer Kulturbesitz" on Justia Law

Appellants are survivors and family members of victims of the 1998 U.S. embassy attacks in Kenya and Tanzania. They bring suit against Appellee BNP Paribas, S.A. (“BNPP”), an international bank, alleging the bank acted in support of the terrorists who committed those attacks. The district court granted Appellee’s motion to dismiss under Rule 12(b)(6).   The DC Circuit affirmed the district court’s dismissal of Appellants’ Section 2339A(a) ATA claim using the exact words the court did in Owens: “Plaintiffs’ complaint fails to plausibly allege that any currency processed by BNPP for Sudan was either in fact sent to al Qaeda or necessary for Sudan to fund the embassy bombings. Therefore, Plaintiffs fail to adequately allege that they were injured ‘by reason of’ BNPP’s acts and cannot state a claim for relief based on a theory of primary liability under the ATA.” Here, Appellants do not plausibly allege that any money passed from BNPP’s financial support of Sudan to al-Qaeda in preparation for the embassy bombings. View "Mary Ofisi v. BNP Paribas, S.A." on Justia Law

The United States seized oil cargo it claims belongs to the Islamic Republic of Iran. Appellants attached the oil in order to satisfy money judgments they hold against Iran. The district court upheld the United States' claim of sovereign immunity and quashed the attachments.
The DC Circuit affirmed the district court’s judgment. The court held (1) federal sovereign immunity prevents the attachment and garnishment of oil proceeds in a bank account of the United States and (2) the Terrorism Risk Insurance Act of 2002 (TRIA) does not waive that immunity. The court explained that the TRIA does not expressly mention the United States, its sovereign immunity, or its susceptibility to suit under the statute. Because the TRIA has nothing express to say about federal sovereign immunity, the notwithstanding clause cannot aid Appellants. Because sovereign immunity prevents Appellants from taking further steps to seize the proceeds from the United States’ sale of the contested oil, the court wrote it has no occasion to reach the alternative grounds for affirmance raised by the Government. View "Steven Greenbaum v. Islamic Republic of Iran" on Justia Law

Petitioner is a former Guantanamo Bay detainee. He asked the DC Circuit to vacate his convictions for war crimes—including providing material support to terrorism and murder of a United States soldier in violation of the law of war—based on the alleged constitutional and statutory infirmities of those convictions.   The DC Circuit dismissed the petition because Petitioner waived his right to appellate review by the DC Circuit. The court explained that a defendant cannot challenge a plea based on an alleged error of law that was raised, rejected and then waived pursuant to the plea. Here, Petitioner, aware that the military judge had rejected his theories, nonetheless chose to plead guilty and expressly waive his right to appeal those erroneous (in his view) rulings. He cannot now have the merits of his waived claims reviewed on appeal by arguing his waiver was invalid because those claims were wrongly decided. Indeed, the basic principle behind an appeal waiver is that the defendant gives up his right to have an appellate court review the merits of his arguments in exchange for valuable consideration. View "Omar Khadr v. United States" on Justia Law

Appellants are victims of terrorist attacks allegedly perpetrated by the Islamic Resistance Movement, colloquially known as “Hamas.” Appellants assert that Hamas and affiliated groups are responsible for launching incendiary devices from the Gaza Strip into areas of Israel where appellants live and own property, causing substantial damage and emotional harm. They sued an American nonprofit corporation — Education for a Just Peace in the Middle East, doing business as the U.S. Campaign for Palestinian Rights (“USCPR”) — under the Anti-Terrorism Act (“ATA”), alleging that USCPR aided and abetted and provided material support to Hamas. The district court dismissed the Complaint, holding that Appellants failed to allege sufficient links between Hamas and USCPR to hold USCPR liable for any acts of terrorism.   The DC Circuit affirmed. The court concluded that the district court properly dismissed Appellants’ direct liability and aiding-and-abetting claims under the ATA. The Complaint does not adequately plead that USCPR provided funds to Hamas or otherwise aided or abetted Hamas. The court explained that Appellants’ attempt to establish aiding-and-abetting liability fails at every turn. First, although appellants claim that USCPR aided and abetted Hamas, appellants do not adequately allege that Hamas “perform[ed] a wrongful act that caused an injury.” Second, there are no facts from which we can infer that USCPR was “generally aware” that its role of providing funds to the Boycott National Committee was “part of an overall illegal or tortious activity.” Finally, the court discerned no non-conclusory factual allegations that USCPR “knowingly and substantially assisted” any incendiary launches. View "Keren Kayemeth Leisrael - Jewish National Fund v. Education for a Just Peace in the Middle East" on Justia Law

Appellant challenged the basis of his detention at U.S. Naval Station Guantanamo Bay. Detained in 2004, Mr. al-Hela filed a petition for a writ of habeas corpus in 2005 pursuant to 28 U.S.C. Section 2241. The district court denied Appellant’s petition. On appeal, he argued that the length of his detention without trial violated the Due Process Clause. He also argued that the District Court’s procedural decisions and evidentiary rulings deprived him of his right under the Suspension Clause to meaningful review of, and a meaningful opportunity to challenge, the basis for his detention, as well as his rights under the Due Process Clause.   The DC Circuit affirmed. The court explained that it rejects Appellant’s claim that his procedural due process rights were violated. The court held that it need not decide whether due process protections apply to Guantanamo detainees because even assuming the Due Process Clause applies, the court found that the procedures employed by the district court to adjudicate Appellant’s habeas petition satisfy procedural due process. The court further rejected Appellant’s claims that his detention violates substantive due process because there is insufficient evidence that he was an enemy combatant or solely because of the lengthy duration of the military conflict. The court concluded that even assuming the Due Process Clause applies to Appellant, these claims fail on the merits. The court remanded as to Appellant’s claim that his continued detention violates substantive due process because he no longer poses a significant threat to the United States. View "Abdulsalam Ali Al-Hela v. Joseph Biden (REISSUED)" on Justia Law

Appellant, a United States citizen and veteran, alleges Appellees (Foreign Officials) detained and tortured him in the Democratic Republic of the Congo (DRC). Appellant argued that the Foreign Officials did so to extract a false confession that he was an American mercenary. That is enough, in Appellant’s view, to establish that the district court had personal jurisdiction over the Foreign Officials. If not, he asserts alternatively that jurisdictional discovery is warranted.   The DC Circuit affirmed the district court’s grant of the Foreign Officials’ motion to dismiss for lack of personal jurisdiction and its denial of Appellant’s request for jurisdictional discovery. The court explained traditional notions of fair play and substantial justice do not save Appellant’s complaint. The court held Appellant failed to demonstrate that exercising specific jurisdiction over the Foreign Officials, in this case, would meet the requirements of the Fifth Amendment’s Due Process Clause. And he also failed to describe particular ways in which jurisdictional discovery would cure his complaint’s defect. View "Darryl Lewis v. Kalev Mutond" on Justia Law

This appeal concerns a discovery dispute over certain documents in an ongoing case before the district court. Defendants are non-mission third parties hired by Qatar as “contractors to support its foreign policy objective of maintaining U.S. Government support.” Plaintiffs brought this case against Defendants for allegedly helping Qatar hack Plaintiffs’ computer systems and disseminate the hacked materials. The district court granted Plaintiffs’ motion to compel Defendants to produce documents related to their work on Qatar’s behalf. On appeal, Qatar contends that the disputed documents are inviolable under the Vienna Conventions and protected from disclosure.   The DC Circuit dismissed the appeal. The court explained that Qatar is not a party to the suit, having chosen to only file statements of interest in the underlying district court proceedings as amicus curiae. The court explained that an appellant not named in the underlying suit must be bound by an underlying order and avail itself of applicable procedural rules in the related trial court proceedings to be recognized as a party that can properly bring an appeal. Otherwise, the appeal must be dismissed under the well-established rule that only parties can appeal an adverse judgment.   However, the court wrote that it recognizes that both the parties and the District Court were operating in uncharted territory regarding how a foreign sovereign may invoke its treaty rights under the Vienna Conventions. Accordingly, the court remanded with instructions to the District Court to afford Qatar the opportunity to intervene or take some other action to become a party in accordance with this opinion before enforcing the underlying discovery order. View "Broidy Capital Management LLC v. Nicolas Muzin" on Justia Law

Confronted with reliable claims of escalating Chinese cyber threats targeting the United States, the Federal Communications Commission (“FCC” or “Commission”) revoked the authority of China Telecom (Americas) Corp. (“China Telecom”) to operate domestic and international transmission lines pursuant to section 214 of the Communications Act of 1934. The Commission additionally found that China Telecom breached “the 2007 Letter of Assurances with the Executive Branch agencies, compliance with which is an express condition of its international section 214 authorizations.” Although the Commission offered support from the classified record, consisting of evidence obtained pursuant to the Foreign Intelligence Surveillance Act (“FISA”), it has made it clear throughout these proceedings that its decision is entirely justified by the unclassified record alone.   China Telecom argues that the Revocation Order is arbitrary, capricious, and unsupported by substantial evidence. The DC Circuit denied China Telecom’s petition for review. The court explained that Commission’s determinations that China Telecom poses a national security risk and breached its Letter of Assurances are supported by reasoned decision-making and substantial evidence in the unclassified record. In addition, the court held that no statute, regulation, past practice, or constitutional provision required the Commission to afford China Telecom any additional procedures beyond the paper hearing it received. View "China Telecom (Americas) Corporation v. FCC (PUBLIC)" on Justia Law