What is the Justice Against Sponsors of Terrorism Act?

The Justice Against Sponsors of Terrorism Act (JASTA) is a 2016 act that amends prior anti-terrorism statutes dating back to 1990. JASTA modifies prior laws on foreign sovereign immunity.

Sovereign immunity is a common law (meaning it comes from court decisions, not laws) concept where a federal or state government (the sovereign) cannot be sued without its consent. Sovereign immunity limits an American’s right to sue federal and state governments.

Foreign sovereign immunity prevented U.S. citizens from suing countries that may have supported acts of terrorism. An earlier law, the Foreign Sovereign Immunities Act (FSIA), gives foreign states immunity from being sued in U.S. courts, unless a set of specific exceptions applies.

The legislators who crafted JASTA sought to allow American terrorism victims and their loved ones to have more legal standing than the FSIA provided. Under FSIA, victims of the September 11, 2001, terrorist attacks couldn’t file civil claims against nations involved in planning and financing the acts that had not previously been designated as state sponsors of terrorism by the U.S. State Department.

JASTA authorizes U.S. federal court jurisdiction over a civil claim against a foreign state for injury or death to a person that occurs inside the United States as a result of international terrorism.

JASTA passed the Senate and House of Representatives in 2016.

What is FSIA?

In England the common law provided “the King can do no wrong” and this moved over to the colonies and then the US legal system. This fundamental context of immunity of governments to tort was extended to foreign sovereigns by Congress in the 1970’s. The U.S. government codified sovereign immunity by enacting the Foreign Sovereign Immunities Act (FSIA) in 1976.

FSIA largely prevented U.S. citizens from suing foreign governments and their agents in domestic courts. While the law guaranteed foreign governments immunity from lawsuits as a rule, it provides for certain exceptions to that immunity. These exceptions include being designated as a state sponsor of terrorism by the United States government, engaging in acts of international terrorism or committing commercial torts.

This happened as a result of the rise of international terrorism in the 1970’s. The Pan AM Flight 103 bombing and crash in Lockerbie, Scotland, and other high-profile acts of terrorism that occurred in the 1980s and 1990s led to the addition of a terrorism exception in FSIA. As a result the law now allows suit against a foreign State by a United States citizen in certain circumstances.

The list of current U.S. state sponsors of terrorism include Cuba, Iran, North Korea and Syria. The list has changed several times since FSIA’s inception.

JASTA makes it possible for U.S. citizens harmed by a terrorist attack in the U.S. to file civil anti-terrorism lawsuits against foreign states for committing, aiding or abetting an “act of international terrorism committed, planned, or authorized by a designated terrorist organization.” The foreign state’s agents, employees or officials can also be held liable for any material support of the terrorist act. JASTA doesn’t apply to acts of war or harm caused by negligence or omissions. JASTA provides an exception to the immunity claims of a foreign sovereign.

JASTA also changed the requirement that the defendant be on the U.S. government’s list of state sponsors of terrorism.

Some legislators also believe that courts misinterpreted FSIA and the U.S. Anti-Terrorism Act, and that JASTA will prevent future misinterpretations.

Can the U.S. government prevent a citizen from suing a foreign state?

JASTA authorizes the U.S. Department of State to seek a stay of a lawsuit if it can certify that it’s engaged in good faith negotiations with the foreign state to resolve the situation.

Is JASTA retroactive?

Yes, JASTA applies to acts that occurred before it was passed. One purpose of JASTA was to give Americans a broader base to seek justice against entities that commit or aid terrorist attacks, including companies, nations and individuals.

The act was worded to allow victims of the September 11, 2001, attacks to file lawsuits against those alleged to be responsible.

Motley Rice attorneys have decades of experience advocating for families and survivors of terrorism on U.S. soil and abroad.

Our team has helped victims of several acts of terrorism, including:

• Hamas terrorist attacks
• The 9/11 terrorist attacks
• Pan Am 103 Lockerbie
• Cartel violence
• Tamil Tigers or LTTE suicide bombings
• International hotel bombings
• Roadside bombs

An attorney with experience in anti-terrorism law can navigate the laws related to your case, whether through domestic or international legal systems.

Contact an anti-terrorism attorney today.