The Celebrate Israel Festival on May 31 at Pier 94, slated to be the largest gathering to date of Israeli-Americans in New York.
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 wrote the 1983 New York Get Law and the COLPA amicus curiae brief in Avitzur v. Avitzur, the 1983 New York Court of Appeals decision that approved, 4-to-3, the constitutionality of a pre-nuptial agreement requiring the couple to appear before a bet din in case of divorce.
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
We take a whole person approach, giving our people assistance with whatever they need.
During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai
20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse
Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting
She credited success to “mini” decisions-Small choices building on each other leading to big changes
Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times
Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program
“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me
Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.
The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.
The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.
“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”
FBI’s undercover agents contacted ORA (Org. for the Resolution of Agunot) pretending to be an agunah
Roosevelt sneaked out of the White House through a rear exit rather than meet with the 400 Rabbis
In the Thirties it was common for anti-Semites to call on Jews to “go to Palestine!”
Federal and local laws protect your right to workplace accommodations for your religious observance.
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.”
Printed from: http://www.jewishpress.com/indepth/opinions/supreme-court-decisions-will-be-watched-in-israel/2009/11/04/
Scan this QR code to visit this page online: