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A second case that should be watched in Israel affects the prospect that Israeli officials will be dragged into American courts to answer for the kinds of allegations concerning military action in Gaza that have been made in the Goldstone report. To be sure, in the U.S. private citizens cannot initiate criminal prosecutions, as they can in many European countries where Israeli officials now fear to visit. In the U.S. only government prosecutors may file criminal felony charges. No responsible prosecutor in any American jurisdiction is likely to indict Ehud Barak, Ehud Olmert or Tzipi Livni over Operation Cast Lead.
But civil lawsuits are another matter. They can be brought by any injured party against individuals who are served with process, and civil lawsuits for damages have been filed by foreigners in American courts under a law called the Alien Tort Claims Act since its enactment in 1789. On the other hand, lawsuits against foreign governments cannot be brought in American courts except in carefully defined situations specified in the Foreign Sovereign Immunities Act.
The case the Supreme Court has agreed to hear concerns a lawsuit brought against a general who served between 1980 and 1990 in the Somali regime of General Mohamed Siad Barre. The plaintiffs in the lawsuit claim they were imprisoned and tortured on the general’s orders. The court will decide whether the immunity a foreign government has under the Foreign Sovereign Immunities Act extends to lawsuits against individuals, and particularly to those who no longer hold the official governmental positions they once occupied.
Whether individuals who claim to have been injured by the Israeli operation in Gaza can sue Barak, Olmert, or Livni in American courts will turn on the Supreme Court’s decision in this case. A usually conservative federal Court of Appeals in Virginia held that the Somali general cannot invoke governmental immunity and must answer the lawsuit filed against him.
The decision rested on a precise reading of the immunities law, which does not explicitly protect individuals. Only “corporate and legal entities,” not “natural persons” are, according to the lower court, entitled to immunity.
The fact that the Supreme Court agreed to hear the case makes it much more likely than not that a majority of the Supreme Court will disagree with the lower-court decision. The two cases discussed here will probably be heard in January 2010 and will be decided before the Supreme Court adjourns at the end of June.
About the Author: Nathan Lewin is a Washington, D.C. lawyer who has argued numerous cases in the U.S. Supreme Court and teaches a seminar in Supreme Court litigation at Columbia Law School.
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Shepherding in the Shomron isn’t your usual kind of shepherding – despite his business-minded beginnings, Eli has discovered that a strong ideological impetus powers the job.
I said to myself, “This story has got to be told. We’re losing this generation of World War II and if we don’t listen to them now, we’ve lost it.”
His entire existence was about spreading simcha and glorifying G-d’s name on a daily basis.
At some point we need to stop simply defending and promoting Israel and start living in Israel
“We Jews are the only people who when we drop a book on the floor pick it up and kiss it.”
Though Zaide was the publisher of The Jewish Press, a big newspaper,I always remember him learning
Speaker Silver has been an extraordinary public servant since his election to the Assembly in 1975 and has been an exemplary leader of that body since 1994.
He spent the first leg of his daylong visit to the French capital at Hyper Cacher.
Drawing Congress into the Iran nuclear debate is the last thing the White House wants.
Great leaders like Miriam and like Sarah Schenirer possess the capacity to challenge the status quo that confronts them.
Obama’s foreign policy is viewed by both liberals and conservatives as deeply flawed
Many journalists are covertly blaming the Charlie Hebdo writers themselves through self-censorship.
In the Thirties it was common for anti-Semites to call on Jews to “go to Palestine!”
The inauguration of an American president has, since 1937, always begun with an invocation by a clergyman
The late Israeli Supreme Court judge Menachem Elon, was a pioneer of Jewish and Israeli law.
On Tuesday, February 28, it was widely reported that the basketball team of Houston’s Robert M. Beren Academy had “forfeited” its place in the semi-finals of the tournament conducted by the Texas Association of Private and Parochial Schools (TAPPS) because it would not play on Friday night and Saturday. But a headline in Friday’s New York Times read: “In Reversal, a Jewish School Gets to Play.”
On August 9, 2001, Ahlam Tamimi, a member of Hamas, drove a suicide bomber to the Sbarro restaurant in the heart of Jerusalem, where the bomber blew himself up, killing 15 people including Judy Greenbaum, an American citizen from New Jersey.
Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.
Congress has never seen a better friend of the observant Jewish community than Stephen Solarz, who died of esophageal cancer on the 22nd of Kislev. Yonoson Rosenblum’s recently published biography of Rabbi Moshe Sherer describes Solarz as an “invaluable ally” for many Agudath Israel projects and there are 20 references to Solarz in the book’s index.
Printed from: http://www.jewishpress.com/indepth/opinions/supreme-court-decisions-will-be-watched-in-israel/2009/11/04/
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