Eye on the Law – Getting it Straight
WWI began as a consequence of the assassination of Austro-Hungarian Archduke Franz Ferdinand in Sarajevo, on 28 Jun 1914. Austria-Hungary declared war on Serbia, and triggered by a complex web of miscommunications among the European powers, the situation quickly developed into a massive war, not ending until 11 Nov 1918.
Should any Member of the League resort to war in disregard of its covenants under Articles 12, 13 or 15, it shall ipso facto be deemed to have committed an act of war against all other Members of the League, which hereby undertake immediately to subject it to the severance of all trade or financial relations, the prohibition of all intercourse between their nationals and the nationals of the covenant-breaking State, and the prevention of all financial, commercial or personal intercourse between the nationals of the covenant-breaking State and the nationals of any other State, whether a Member of the League or not.
It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.
The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the covenant-breaking State, and that they will take the necessary steps to afford passage through their territory to the forces of any of the Members of the League which are co-operating to protect the covenants of the League.
Any Member of the League which has violated any covenant of the League may be declared to be no longer a Member of the League by a vote of the Council concurred in by the Representatives of all the other Members of the League represented thereon.
The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.
In case any Member of the League shall, before becoming a Member of the League, have undertaken any obligations inconsistent with the terms of this Covenant, it shall be the duty of such Member to take immediate steps to procure its release from such obligations.
The Assembly may from time to time advise the reconsideration by Members of the League of treaties which have become inapplicable and the consideration of international conditions whose continuance might endanger the peace of the world.
Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.
In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council. It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.
The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.
Harry Beer, et al.. v. Islamic Republic of Iran, et al., 06-cv-00473 (D.D.C., filed 14 Mar 2006).
Lawsuit seeking compensatory and punitive damages arises out of the June 11, 2003 suicide bombing of a bus in Jerusalem by members of the terrorist organization Hamas. The attack killed 17 individuals, including Alan Beer, a United States citizen living in Israel at the time. Plaintiffs, who include Mr. Beer’s estate, his mother and his siblings, brought suit under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, alleging that defendants Islamic Republic of Iran (“Iran”) and the Iranian Ministry of Information and Security (“MOIS”) provided financial and material support to Hamas, and are thus liable for the death of Mr. Beer.
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William Jack Baxter, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et. al, 11-cv-02133 (D.D.C., filed 30 Nov 2011) (Baxter I).
Lawsuit on behalf of more than 100 victims and families seeking damages from ten different terror attacks that caused the deaths of numerous innocent civilians, including the deceased victims; and injured many more. Plaintiffs allege that the attacks were acts of international terrorism committed by members of Hamas – Hamas being a designated Foreign Terrorist Organization – with the material aid and support of Defendants Iran and Syria. Plaintiffs seek compensatory and punitive damages. The Court granted default judgment against the Iran defendants on 27 Sep 2019, and appointed a Special Master to consider the measure of damages. Further action is pending. As for the claims against Syria, the Court severed plaintiffs’ claims against the Syrian defendants due to technical legal issues. Those claims form the basis of Baxter II – Baxter v. Syrian Arab Republic, 18-cv-01078.
Mortar Attack
Shooting
Suicide Bombings
Bar/Nightclub
Buses
Cafe
Passover Seder
Pedestrian Mall
William Jack Baxter v. Islamic Republic of Iran and Syrian Arab Republic
William Jack Baxter, et al. v. Syrian Arab Republic, et. al, 18-cv-01078 (D.D.C.) (Baxter II).
This is a companion case to Baxter I, based on the claims in that lawsuit, and will ultimately be considered on the same grounds as those in Baxter I. Plaintiffs seek several billion dollars in compensatory and punitive damages for the death and injury of numerous individuals caused by multiple terror attacks in Israel. The Court severed plaintiffs’ claims against the Syrian defendants due to technical legal issues and ordered the establishment of this new case. Further action is pending in both cases.
William Jack Baxter v. Syrian Arab Republic
Estate of Yael Botvin, et al. v. Islamic Republic of Iran et al., 05-cv-00220 (D.D.C., filed 31 Jan 2005) (Botvin I).
Lawsuit arising out of the September 4, 1997, suicide bombing at Jerusalem’s Ben Yehuda Street pedestrian mall, which injured and killed Yael Botvin, a 14 year-old American citizen. This action was filed against the Islamic Republic of Iran and others, alleging that Iran provided material support and resources to Hamas, the terrorist group that carried out the attack. After default by defendant, the court awarded damages in the amount of $1,704,457.
Estate of Yael Botvin, et al. v. Islamic Republic of Iran et al.
Goldberg-Botvin, et al. v. Islamic of Republic of Iran, 12-cv-01292 (D.D.C., filed ) (Botvin II).
Action seeking compensation for the injuries and death of Yael Botvin that resulted from the September 4, 1997, triple suicide bombing at Jerusalem’s Ben Yehuda Street pedestrian mall. This lawsuit followed on Botvin I in which the court declined to grant certain of the damages claimed because of statutory limitations. In light of the amendment of 28 U.S.C. 1605A, this case was commenced, resulting in a default judgment for additional damages in the amount of $40,890,000.
Goldberg-Botvin, et al. v. Islamic of Republic of Iran
Nathaniel Felber, et al. v. Islamic Republic of Iran, 19-cv-01027 (D.D.C., filed 19 Apr 2019).
Lawsuit seeking damages on behalf of the victim and his family for severe injuries suffered in a terror attack at a highway junction near the Israeli town of Givat Assaf. The terrorist drove his car up to the bus stop, stopped, got out of the car with his AK-47 automatic assault rifle, and opened fire. Two Israeli soldiers, Yosef Cohen and Yovel Mor Yosef, were killed and Plaintiff Nathaniel Felber was shot in the head. A civilian standing at the bus stop was also injured. Plaintiffs allege that the attacks were acts of international terrorism committed by a member of Hamas – Hamas being a designated Foreign Terrorist Organization – with the material aid and support of Defendant Iran. Plaintiffs seek compensatory and punitive damages. The Clerk of the Court entered a default against the Defendant on 24 Jan 2020. Proposed findings of fact were filed with the Court on 8 Oct 2020. Further action is pending.
Nathaniel Felber v. Islamic Republic of Iran
Judah Henkin et al. v. Islamic Republic of Iran and Syrian Arab Republic, 18-cv-01273 (D.D.C., filed 31 May 2018).
Lawsuit brought by heirs of deceased terror victim. On 1 Oct 2015, Eitam Henkin, an American citizen, his wife and four children were driving past the town of Beit Furik when he and his wife were shot and killed. Plaintiffs allege that the murder was an act of international terrorism committed by three members of a Hamas cell – Hamas being a designated Foreign Terrorist Organization – with the material aid and support of Defendants Iran and Syria. Damages of more than a billion dollars is being sought. A default was entered against both defendants by the clerk of the court on 6 May 2019. Further action is pending.
Judah Henkin v. Islamic Republic of Iran and Syrian Arab Republic
Estate of Eitam Henkin, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et. al, 19-cv-01184 (D.D.C., filed 4 May 2019).
Lawsuit brought by the estates of the deceased terror victims. On 1 Oct 2015, Eitam Henkin, an American citizen, his wife and four children were driving past the town of Beit Furik when he and his wife were shot and killed. Plaintiffs allege that the murder was an act of international terrorism committed by three members of a Hamas cell – Hamas being a designated Foreign Terrorist Organization – with the material aid and support of Defendants Iran and Syria. Damages of more than a 360 million dollars in compensatory and punitive damages is being sought. Defaults have been entered against defendants by the clerk of the court. Further action is pending.
Estate of Eitam Henkin, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et. al,
Akiva Jakubowicz, et al. v. Islamic Republic of Iran, et al., 18-cv-01450 (D.D.C., filed 19 Jun 2018).
Lawsuit seeking damages for wrongful death, physical injury, and other related torts, resulting from several terror attacks.
The terror attacks are alleged to have been carried out by Hamas, Hezbollah, and Palestine Islamic Jihad operatives, with the material aid and support of Iran and Syria. The Clerk of the Court entered a default on 24 Jan 2020. Further action is pending.
Ester Lelchook v. Syrian Arab Republic, 16-cv-01550 (D.D.C., filed 1 Aug 2016).
Lawsuit arising out the August 2, 2006 rocket attack by Hezbollah on Israeli Kibbutz Sa-ar, killing David Lelchook, a 52 year-old American citizen. This action was filed against the Syrian Arab Republic, alleging that Syria provided material support and resources to Hezbollah, the terrorist group that carried out the attack. After default by defendant Syria, the Court awarded damages in the amount of $20,535,665.
Akiva Jakubowicz v. Islamic Republic of Iran
Ester Lelchook v. Syrian Arab Republic
Knife Attack
Rocket Attacks
Shooting Attacks (3)
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.
1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.
The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.
1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
On 15 Oct 1999, the Security Council adopted Resolution 1267 (S/Res/1267) under Chapter VII of the UN Charter. The Resolution demanded that the Taliban turn over Osama bin Laden to appropriate authorities in a country where he would be brought to justice. It further declared that, as of 14 Nov 1999, all States would be required to freeze funds and prohibit the take-off and landing of Taliban-owned aircraft unless or until the Taliban complied with the demand. The Council designated Osama bin Laden and associates as terrorists and established a sanctions regime to cover individuals and entities associated with Al-Qaida, Osama bin Laden and/or the Taliban. This sanctions regime was reaffirmed and modified by a series of subsequent UN Security Council Resolutions.
These resolutions imposed sanctions against Sudan concerning the attempted assassination of Egyptian President Hosni Mubarak:
The sanctions were terminated by the Security Council in 2001 by Resolution 1372 (S/Res/1372), the Council having been satisfied with the measures taken by Sudan.
These resolutions imposed sanctions against Libya concerning the destruction of Pan Am flight 103 and Union de transports aenens flight 772, and the resultant loss of hundreds of lives:
The sanctions were lifted in 2003 by the Security Council in Resolution 1506 (S/Res/1506), after Libya accepted responsibility for the actions of its officials, renounced terrorism and arranged for payment of appropriate compensation for the families of the victims.
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The wolf shall dwell with the lamb, the leopard lie down with the kid; the calf, the beast of prey, and the fatling together, with a little boy to herd them. The cow and the bear shall graze, their young shall lie down together; and the lion, like the ox, shall eat straw.
He shall judge between the nations, and shall decide disputes for many peoples; and they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war anymore.
He shall judge between many peoples, and shall decide disputes for strong nations far away; and they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war anymore.