United States Second Circuit

In an action broungt by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court's dismissal of plaintiff's claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, KEARSE, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Maria C. Lahood, Katherine Gallagher, Jennifer M. Green, on the brief, Center for Constitutional Rights, New York, NY, for Appellants., Serrin Turner, David S. Jones, on the brief, Assistant United States Attorneys, for Michael J. Garcia, United States Attorney for the Southern District of New York, John B. Bellinger, III, on the brief, United States Department of State, Jeffrey S. Bucholtz, Acting United States Assistant Attorney General, Douglas N. Letter, Lewis S. Yelin, on the brief, United States Department of Justice, for Amicus Curiae United States of America.


• For Appellees:
  
• Robert Weiner, Jean E. Kalicki, Matthew A. Eisenstein, on the brief, Arnold & Porter, LLP, Washington, D.C., Kent A. Yalowitz, on the brief, Arnold & Porter, LLP, New York, NY, for Appellee.