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Israel Legal Advocacy Project
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| Country or Territory | 1948 Jewish Poplulation | 1972 Jewish Population | Recent Estimates | |
|---|---|---|---|---|
| Morocco | 250,000–265,000 | 31,000 | 2,500–2,700 (2006) | 2,000 (2014) |
| Algeria | 140,000 | 1,000 | ≈0 | <50 (2014) |
| Tunisia | 50,000–105,000 | 8,000 | 900–1,000 (2008) | 1,500 (2014) |
| Libya | 35,000–38,000 | 50 | 0 | 0 (2014) |
| North Africa - Total | 475,000–548,000 | 40,050 | 3,400–3,700 | 3,550 |
| Iraq | 135,000–140,000 | 500 | 5 (2013) | 5-7 (2014) |
| Egypt | 75,000–80,000 | 500 | 100 (2006) | 40 (2014) |
| Yemen and Aden | 53,000–63,000 | 500 | 320 (2008) | 90 (2014)-50 (2016) |
| Syria | 15,000–30,000 | 4,000 | 100 (2006) | 17 (2014) |
| Lebanon | 5,000[76]–20,000 | 2,000 | 20–40 (2006) | 100 (2012) |
| Bahrain | 550–600 | 50 (2008) | 37 | |
| Sudan | 350 | ≈0 | ≈0 | |
| North Africa & Arab Countries - Total | 758,350–881,350 | <45,800 | <3,795-4,345 | <3,802-3,762 |
| Afghanistan | 5000 | 500 | 2 (2001) | 1 (2005) |
| Bangladesh | Unknown | 175–3,500 (2009) | 75-100 (2012) | |
| Iran | 65,232 (1956) | 62,258 (1976) - 80,000 | 9,252 (2006) | 8,756 (2014) |
| Pakistan | 2,000–2,500 | 250 | 200 (2009) | >900 (2017) |
| Turkey | 80,000 | 30,000 | 17,800 (2006) | 17,300 (2015) |
| Non-Arab Muslim Countries - Total | 202,000–282,500 | 110,750 | 32,100 | 26,157 |
Akiva Jakubowicz, et al. v. Islamic Republic of Iran, 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.
Plaintiffs claim that the terror attacks were 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 28 Jan 2020. Further action is pending.
Amicus Briefs in Support of Zivotofsky
Amicus Briefs in Support of Government
Amicus Briefs in Support of Zivotofsky
Amicus Brief in Support of Government
Judah Henkin et al. v. Islamic Republic of Iran and Syrian Arab Republic, 18-cv-01273 (D.D.C., filed 31 May 2018).
This lawsuit involves the same terror attack as in Henkin II, just below. On 1 Oct 2015, Eitam Henkin, an American citizen, his wife, Na’ama, and their four children were driving past the town of Beit Furik when terrorist operatives opened fire with an automatic rifle, wounding Eitam. After a struggle, the operatives fired additional bursts, murdering Eitam and his wife. 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 are being sought. The District Court entered a default judgment against both defendants in this case and in Henkin II on 12 July 2021. Further action on the quantum of damages is pending.
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).
This lawsuit, brought by the estates of the deceased terror victims, involves the same attack as described in Henkin I, just above. On 1 Oct 2015, Eitam Henkin, an American citizen, his wife, Na’ama, and their four children were driving past the town of Beit Furik when terrorist operatives opened fire with an automatic rifle, wounding Eitam. After a struggle, the operatives fired additional bursts, murdering Eitam and his wife. 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. The District Court’s consideration and findings on the default judgment are common to this case and Henkin I. Further action on the quantum of damages is pending.
Estate of Eitam Henkin, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et. al,
Judah Henkin, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et al.
State Divestment ListsFlorida
Illinois
New Jersey
Texas
Ester Lelchook v. Syrian Arab Republic, 16-cv-01550 (D.D.C., filed 1 Aug 2016).
On 2 August 2006 David Lelchook, a 52-year old American citizen, was riding a bike in Israeli Kibbutz Sa-ar, heading toward a safe room, when a rocket launched by the terrorist group Hezbollah struck and killed him. His next-of-kin filed this lawsuit, claiming that Syria provided material support and resources to Hezbollah. After default by defendant Syria, the District Court awarded damages in the amount of $20,535,665. Parallel lawsuits concerning the same attack were commenced by the Lelchook family against a number of banks, with plaintiffs alleging that they knowingly provided support to Hezbollah. Those cases are in the table concerning litigation against banks.
Ester Lelchook, et al. v. Islamic Republic of Iran, et al.
Keren Kayemeth LeIsrael-Jewish National Fund, et al. v. Education for a Just Peace in the Middle East d/b/a US Campaign for Palestinian Rights, 19-cv-03425 (D.D.C., filed 13 Nov 2019).
From April 2018 until commencement of this lawsuit, over 4800 acres of Israeli land, including land and forests owned and/or held by plaintiff KKL-JNF, had been burned by the thousands of rockets, incendiary terror balloons and kites launched from Gaza by Hamas and/or other terror groups. Child-friendly balloons and kites are converted into terror weapons, using gasoline, helium, and other products designed for humanitarian purposes. The attacks have deprived the plaintiffs and the public of the use and enjoyment of these lands. The lawsuit claims that the defendant has violated the Anti-Terrorism Act, 18 U.S.C. § 2331, by funneling online donations to the Boycott National Committee, knowing that in doing so they are supporting and sponsoring known designated foreign terrorist organizations, including Hamas. Plaintiffs seek compensatory and punitive damages. Dismissal of the case by the District Court is currently on appeal.
William Jack Baxter, et al. v. Syrian Arab Republic, et al.
Keren Kayemeth LeIsrael, et al. v. Education for a Just Peace in the Middle East
Steven Greenbaum, et al. v. Islamic Republic of Iran, et al., 02-cv-02148 (D.D.C., filed 23 Oct 2002).
On August 9 2001, a suicide bomber blew himself up at Sbarro’s pizzeria in Jerusalem. Judith Greenbaum, pregnant and visiting from the United States, was among the many victims murdered in the bombing. Plaintiffs, seeking damages, alleged that the Islamic Republic of Iran, and the Iranian Ministry of Information and Security were liable, having provided material support and assistance to Hamas, the orchestrator of the bombing. As such, they were subject to suit under the terrorism exception to the Foreign Sovereign Immunities Act. Defendants defaulted, and after the required factual inquiry, the District Court awarded $19,879,023 in damages.
Greenbaum, et al. v. Islamic Republic of Iran, et al.
Nathaniel Felber, et al. v. Islamic Republic of Iran
Nathaniel Felber, et al. v. Islamic Republic of Iran, 19-cv-01027 (D.D.C., filed 12 Apr 2019).
On 13 December 2018, a Hamas terrorist drove his car up to the bus stop at a highway junction near the Israeli town of Givat Assaf, stopped, got out with his AK-47 automatic assault rifle, and opened fire. Two Israeli soldiers, Yosef Cohen and Yovel Mor Yosef, were murdered, and Plaintiff Nathaniel Felber was shot in the head. A civilian standing at the bus stop was also injured. Plaintiffs allege that the attack was an act 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 in August and October 2020. Further action is pending.
Diana Campuzano, et al v. Islamic Republic of Iran, et al., 00-cv-02328 (D.D.C., filed 29 Sep 2000).
On 4 September 1997, three operatives of Hamas exploded a bomb in the Ben Yehuda pedestrian mall in Jerusalem. The bombers packed their powerful bombs with nails, screws, pieces of glass, and chemical poisons to cause maximum pain, suffering, and death. Hundreds of people were there. In addition to the terrorists, four persons were killed and 192 were injured. Plaintiffs Diana Campuzano, Avi Elishis, Gregg Salzman and Sherri Wise were all among those injured by the bombing. Claiming that Iran provided material resources and support, in the form of funding, training and direction, to Hamas, plaintiffs brought this lawsuit seeking compensatory and punitive damages. After defendants defaulted, the District Court held an evidentiary hearing, after which it awarded almost $41 million in compensatory damages and $112.5 million in punitive damages (Table). The Court consolidated this case with the Jenny Rubin action, as they involved the same terror incident. The hearing and final ruling covered both proceedings. The judgment in both cases were renewed in 2015 for an additional 12 years.
Jenny Rubin, et al v. Islamic Republic of Iran, et al., 01-cv-01655 (D.D.C., filed 31 Jul 2001).
On 4 September 1997, three operatives of Hamas exploded a bomb in the Ben Yehuda pedestrian mall in Jerusalem. The bombers packed their powerful bombs with nails, screws, pieces of glass, and chemical poisons to cause maximum pain, suffering, and death. Hundreds of people were there. In addition to the terrorists, four persons were killed and 192 were injured. Plaintiffs —- were all among those injured by the bombing. Claiming that Iran provided material resources and support, in the form of funding, training and direction, to Hamas, plaintiffs brought this lawsuit seeking compensatory and punitive damages. After defendants defaulted, the District Court held an evidentiary hearing, after which it awarded $71.5 million in compensatory damages and $187.5 million in punitive damages (Table). The Court consolidated this case with the Diana Campuzano action, as they involved the same terror incident. The hearing and final ruling covered both proceedings. The judgments in both cases were renewed in 2015 for an additional 12 years.
Rubin, et al. v. Islamic Republic of Iran, et al.
Campuzano, et al. v. Islamic Republic of Iran, et al.
Calderón-Cardona, et al. v. Democratic People’s Republic of Korea, et al.
Ruth Calderón-Cardona, et al. v. Democratic People’s Republic of Korea, et al., 08-cv-01367 (D.P.R.., filed 5 Jul 2008).
On 30 May 1972, 3 members of the Japanese Red Army disembarked at Israel’s Lod (now Ben-Gurion) Airport, removed automatic weapons and grenades from their luggage, and began firing indiscriminately and lobbing grenades. More than 26 passengers were murdered by the terrorists and more than 80 others wounded. The murdered victims included 17 Puerto Rican religious pilgrims, including Carmelo Calderón-Molina. Plaintiff Pablo Tirado-Ayala was among the injured. Claiming that North Korea and the Popular Front for the Liberation of Palestine provided material support for the terror operatives, plaintiffs brought this lawsuit in Puerto Rico seeking compensatory and punitive damages. After defendants defaulted, the District Court held a 2-day evidentiary hearing, after which it awarded $78 million in compensatory damages and $300 million in punitive damages. An identical lawsuit had been previously filed in the District of Columbia but was voluntarily withdrawn shortly after commencement of the action in Puerto Rico.
William Jack Baxter, et al. v. Islamic Republic of Iran and Syrian Arab Republic, et al.
Braun, et al. v. Islamic Republic of Iran, et al.
Shmuel Braun, et al v. Islamic Republic of Iran, et al., 15-cv-01136 (D.D.C., filed 5 Jul 2015).
On 22 October 2014, a Hamas terrorist operative drove his car at high speed onto the light rail tracks at the Ammunition Hill station in Jerusalem, and rammed his vehicle into a crowd of pedestrians. The vehicle hit the stroller of 3-month old Chaya Braun throwing her some 10 feet into the air. She landed on her head on the pavement while her mother, plaintiff Chana Braun, screamed in horror. Plaintiff Shmuel Braun was knocked over and badly injured by the car. Chaya was resuscitated and transported to nearby Hadassah Hospital, but was pronounced dead about 2 hours later. Claiming that Iran and Syria supports Hamas and trains its agents, plaintiffs brought this lawsuit seeking compensatory and punitive damages. After defendants defaulted, the District Court awarded $28.5 million in compensatory damages and $150 million in punitive damages. In a subsequent order authorizing enforcement of the judgment against the Iran, the Court noted that Syria had not been notified of the default judgment in the required manner.
Nethaniel Bluth, et al v. Islamic Republic of Iran, et al., 12-cv-00250 (D.D.C., filed 13 Feb 2012).
On 7 March 2002, Nethaniel Bluth, a 19-year old student, while in a classroom with about 40 students studying Torah at a Yeshiva in Gaza, was severely injured from a terrorist attack on the yeshiva. The terrorist, a Hamas operative, cut through a fence and began firing shots and throwing grenades. A grenade thrown into the classroom landed about 3 meters from Nethaniel, causing shrapnel to be lodged in his body and resulting in the loss of hearing in both ears. During the attack 5 people were murdered, including 2 friends of Nethaniel, and over 23 injured. Claiming that Iran supports Hamas and trains its agents, plaintiffs brought this lawsuit seeking $110 million plus punitive damages. After defendants defaulted the District Court awarded $18.5 million in compensatory damages and $25 million in punitive damages. During the litigation Syria was added as a defendant. The District Court severed the case against Syrian and it was ultimately voluntarily dismissed by the plaintiffs.
Bluth, et al. v. Islamic Republic of Iran, et al.
Michael Bennett, et al v. Islamic Republic of Iran, et al., 03-cv-01486 (D.D.C., filed 2 Jul 2003).
On 31 July 2003, Marla Ann Bennett, a 24-year old graduate student, was murdered by the detonation of a nail-studded bomb while having lunch at the cafeteria of Hebrew University. The explosion killed six other people and wounded over eighty individuals, mostly students. The bomb was placed by a Hamas agent in a bag in the cafeteria and activated from a cell phone. Claiming that Iran supports Hamas and trains its agents, plaintiffs brought this lawsuit seeking $300 million plus punitive damages. The District Court awarded compensatory but not punitive damages. The default judgment was renewed in 2019 for an additional 12 years.
Bennett, et al. v. Islamic Republic of Iran, et al.
Seth Ben Haim v. Islamic Republic of Iran, et al., 02-cv-01811 (D.D.C., filed 12 Sep 2002).
On April 9, 1995, plaintiff Seth Ben Haim was traveling on an Egged bus from Ashkelon to a Mediterranean resort in the Gush Katif community in Gaza. A suicide bomber belonging to and acting on behalf of Palestine Islamic Jihad (PIF) drove a van loaded with explosives into the bus, causing an explosion that destroyed the bus, murdering eight persons and injuring many others. Plaintiff Ben Haim suffered severe and permanent physical injuries and emotional harm in the terrorist bombing. Claiming that Iran supported the PIJ, plaintiffs brought this lawsuit seeking $300 million plus punitive damages. The District Court awarded compensatory but not punitive damages. The default judgment was renewed in 2018 for an additional 12 years.
Ben Haim, et al. v. Islamic Republic of Iran, et al.
Lawrence Belkin v. Islamic Republic of Iran, et al., 06-cv-00711 (D.D.C., filed 20 Apr 2006).
On 4 Mar 1996, a suicide bomber detonated a forty-pound bomb comprised of TNT and nails in the Dizengoff Center Shopping Mall in Tel Aviv. Thirteen individuals, mostly women and children, including Plaintiff Lawrence Belkin’s wife, Gail, and his mother-in-law, were murdered as a result of the bombing. 125 other individuals were injured. The perpetrator was an operative of the Palestine Islamic Jihad and Hamas, funded and supported by Iran. Plaintiff brought suit seeking over $30 million in compensatory damages and over $1 billion in punitive damages. The default judgment granted by the District Court in 2009 was renewed in 2020 for an additional 12 years.
Shatsky, et al. v. Palestine Liberation Organization, et al.
Shatsky, et al. v. Palestine Liberation Organization, et al.
Lawrence Belkin v. The Islamic Republic of Iran, et al.
Harry Beer, et al.. v. Islamic Republic of Iran, et al., 06-cv-00473 (D.D.C., filed 14 Mar 2006).
On 11 Jun 2003, Alan Beer, an American citizen, was murdered in the suicide bombing of a crowded Jerusalem city bus. The attack was perpetrated by an operative of Hamas, which claimed credit for the bombing. Seventeen individuals were killed and over 100 individuals, including bystanders, were injured. Plaintiffs, who included Mr. Beer’s estate, his mother and his siblings, brought suit under 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. Upon default, the District Court awarded compensatory damages but declined to impose punitive damages (subsequently awarded in Beer II).
Harry Beer, et al.. v. Islamic Republic of Iran, et al., 08-cv-01807 (D.D.C., filed 17 Oct 2008).
This is a follow-up lawsuit to Beer I seeking additional compensatory damages and, once again, punitive damages, based on new Federal legislation. The District Court concluded that it would be improper to award additional compensatory damages, but did impose substantial punitive damages against defendants.
Harry Beer, et al. v. The Islamic Republic of Iran, et al.
Harry Beer, et al. v. The Islamic Republic of Iran, et al.
Estate of Mark Parsons, et al. v. Palestinian Authority, et al.
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.
Estate of Esther Kleiman, et al. v. Palestinian Authority, et al., 04-cv-01173 (D.D.C., filed 13 Jul 2004)
On 24 Mar 2002, terrorist operatives under the control of defendants, and using a Kalashnikov automatic rifle, opened fire on an Egged bus near Neve Tzuf, Israel. Esther Klieman, 23, traveling to work in the reinforced bus, was struck in the heart and killed. Plaintiffs brought suit against defendants seeking hundreds of millions of dollars in damages because of the murder. The parties have litigated the case all the way to the U.S. Supreme Court on the issue of personal jurisdiction over the defendants. The Supreme Court remanded the case for reconsideration in light of new legislation passed by Congress. The case is currently pending in the U.S. District Court.
Rivka Livnat, et al. v. Palestinian Authority, 14-cv-00668 (D.D.C., filed 21 Apr 2014).
Lawsuit seeking compensatory, punitive, and treble damages brought by the family of a murder victim and others suffering physical injuries from a machine-gun attack on 24 Apr 2011. The perpetrators, serving as security guards for the Palestinian Authority at Joseph’s tomb, opened fire at a group of Jewish worshippers at the holy site, murdering Ben-Yosef Livnat and wounding others. A parallel case, Safra v. Palestinian Authority (Consolidated with this case on appeal), involves the same incident. The district court dismissed both cases on constitutional and jurisdictional grounds. The Court of Appeals affirmed and the U.S. Supreme Court denied plaintiffs’ Petition for Certiorari. It is to be noted that the rulings of the courts were handed down before the effective date of new legislation which would have conferred jurisdiction. The validity of that legislation is currently being litigated in the Fuld, Klieman, Shatzky, and Sokolow cases.
Yitzhak Safra, et al. v. Palestinian Authority, 14-cv-00669 (D.D.C., filed 21 Apr 2014).
Lawsuit seeking compensatory, punitive, and treble damages brought by two brothers suffering physical injuries from a machine-gun attack on 24 Apr 2011, and by their father. The perpetrators, serving as security guards for the Palestinian Authority at Joseph’s tomb, opened fire at a group of Jewish worshippers at the holy site, wounding Yitzhak and Natan Safra, among other victims. A parallel case, Livnat v. Palestinian Authority (Consolidated with this case on appeal), involves the same incident. The district court dismissed both cases on constitutional and jurisdictional grounds. The Court of Appeals affirmed and the U.S. Supreme Court denied plaintiffs’ Petition for Certiorari. It is to be noted that the rulings of the courts were handed down before the effective date of new legislation which would have conferred jurisdiction. The validity of that legislation is currently being litigated in the Fuld, Klieman, Shatzky, and Sokolow cases.
Gilmore, et al. v. Palestinian Interim Self-Government Authority, et al.
Sokolow, et al. v. Palestine Liberation Organization, et al.
Estate of Esther Kleiman, et al. v. Palestinian Authority, et al.
Shabtai Shatsky, et al. v. Palestine Liberation Organization, et al., 18-cv-12355 (S.D.N.Y., filed 31 Dec 2018).
This Lawsuit involves the same terror attack which forms the basis for the Shatsky I litigation – the murder of two individuals in a suicide bombing in a pizza parlor. However, here there are several additional plaintiffs who were injured in the attack, and additional allegation. Plaintiffs are also seeking an increased amount of damages – $350 million in compensatory damages and $1 billion in punitive damages The case was filed after the District Court in Shatsky I had granted defendants’ summary judgment motion, but before the Court of Appeals ruling finding a lack of personal jurisdiction. This case was stayed pending the outcome of the appeal in Shatsky I. After the jurisdictional ruling by the Court of Appeals in Shatsky I, the parties resumed active litigation in this case. The District Court has now dismissed it, also on jurisdictional grounds. Plaintiffs have appealed.
Shabtai Shatsky, et al. v. Palestine Liberation Organization, et al., 02-cv-02280 (D.D.C., filed 18 Nov 2002).
Lawsuit seeking $300,000,000 in damages. On February 16, 2002, a suicide bomber attacked a pizzeria at an outdoor shopping mall in Karnei Shomron. Two teenagers, Keren Shatsky and Rachel Thaler, were murdered in the bombing and several others wounded. The plaintiffs alleged that the Popular Front planned and carried out the bombing, facilitated by the Palestinian defendants through financial support to the Front. After 15 years of protracted litigation, the District Court granted defendants’ summary judgment motion, dismissing the lawsuit on the merits. On appeal, the appellate court found that the lower court had erred in ruling on the merits, because it lacked personal jurisdiction over the defendants. It therefore vacated the District Court’s judgment and ordered the case dismissed, without prejudice. Prior to the appellate ruling, plaintiffs commenced a new lawsuit (Shatsky II) in the Southern District of New York, based on the same claims as in this action. The jurisdictional issues are being further litigated in that case.
Biton, et al. v. Palestinian Interim Self-Government Authority, et al., 01-cv-00382 (D.D.C., filed 20 Feb 2001).
Lawsuit seeking $250 million in damages, brought by the wife of her murdered husband, and by a severely injured victim. The victims were on a school bus carrying 30 children and teachers on 20 November 2000, when a roadside explosive device was detonated nearby, killing 2 and wounding 9 of the bus passengers. Among the wounded were a large number of children who lost their arms and legs in the explosion. The complaint alleges that the terrorist attack was carried out by operatives of the defendants. The case was being actively litigated as of October, 2008. However, plaintiffs stipulated to a dismissal in December, 2008. No reason is stated in the notice of dismissal. As suggested at the end of an article on Politico, it may have been quietly settled in a manner similar to the Knox case.
Sokolow, et al. v. Palestine Liberation Organization, et al., 04-CV-00397 (S.D.N.Y, filed 16 Jan 2004).
Lawsuit seeking up to $3 billion in damages by victims and their families for death and injury resulting from suicide bombings and shooting attacks perpetrated by operatives of the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), between January 2001 and February 2004. The case, first filed in 2004, has been up and down the federal courts, including twice in the U.S. Supreme Court. A jury, after trial in 2015, awarded $218.5 million in damages, trebled by the Court in accordance with the law. However, the Second Circuit reversed on jurisdictional grounds. Subsequently, the Supreme Court remanded for further consideration in light of the Promoting Security and Justice for Victims of Terrorism Act of 2019. Most recently, the District Court has ruled that the statute applies to the case but that it is unconstitutional. Further appeal may be taken by the plaintiffs.
Estate of Mark Parsons, et al. v. Palestinian Authority, et al., 07-cv-01847 (D.D.C., filed 12 Oct 2007).
While providing security for a U.S. State Department convoy in the Gaza Strip on 15 Oct 2003, Mark Parsons was killed by a roadside bomb. Parsons’s estate and his family sued the Palestinian Authority under the Antiterrorism Act of 1991, alleging that the Authority had provided material support for and conspired with the terrorist or terrorists who detonated the bomb. The District Court granted summary judgment dismissing the case. However, while the Court of Appeals court agreed that the family’s conspiracy theories were too speculative, a reasonable juror could conclude that defendants provided material support to the bomber. Accordingly, the court affirmed the dismissal of the conspiracy claim but remanded as to material support. A renewed motion for summary judgment was denied by the District Court, after which the parties stipulated to a dismissal of the case.
Knox, et al. v. Palestine Liberation Organization, et al.
Rivka Livnat, et al. v. Palestinian Authority
Yitzhak Safra, et al. v. Palestinian Authority
Saperstein et al. v. Palestinian Authority, et al.
Moshe Saperstein, et al. v. Palestinian Authority, et al., 04-cv-20225 (S.D.Fl., filed 9 Jan 2004).
Lawsuit seeking in excess of $60,000,000 in damages brought by one of the victims and families of the victims. On 18 Feb 2002 a terror operative opened fire with an AK-47 on a road near Kisufim, murdering Ahuva Amergi, who was in one vehicle, and wounding Moshe Saperstein in another. Two Israeli soldiers were killed while coming to aid the victims. Saperstein lost his arm as a result of the wound. The complex procedural history of the case is detailed in the 11th Circuit’s 2010 opinion concerning Amergi. In short, after default by defendants, the district court scheduled the Saperstein case for trial on damages, and granted the Amergis leave to file a third amended complaint. The trial resulted in an award to the Sapersteins of $48 million after a jury trial, but was found not to be final and vacated by the 11th Circuit. The case went back to the District Court. In September 2008, the Court severed the Amergi case from the Saperstein case. Ultimately both cases were dismissed for lack of jurisdiction after further proceedings in the District Court and 11th Circuit.
Reuven Gilmore, et al. v. Palestinian Interim Self-Government Authority, et al., 01-cv-00853 (D.D.C., filed 18 Apr 2001).
Lawsuit seeking damages, brought by the family of the murder victim, Esh Kodesh Gilmore. Gilmore was a private security guard at an East Jerusalem branch office of the National Insurance Institute of Israel. On October 30, 2000, he was shot and killed while on duty. After lengthy litigation, the District Court granted a motion for summary judgment, dismissed the case in its entirety. The ruling was upheld by the Court of Appeals and Petition for Certiorari denied by the U.S. Supreme Court.
Leslye Knox, et al. v. Palestine Liberation Organization, et al., 03-cv-04466 (S.D.N.Y., filed 19 Jun 2003).
Lawsuit seeking damages, brought by the family of the murder victim, Aharon Ellis, a professional singer. On 17 Jan 2002, while singing at a bar mitzvah at a banquet hall in Hadera, Israel, at approximately 10:45 p.m., an operative of the PLO and PA arrived at the banquet hall with an M-16 assault rifle, three clips of bullets, and a hand grenade. The terrolrist shot a security guard at the entrance to the hall, and then entered the hall and opened fire on the crowd. There were approximately 180 people present. Six people were killed and approximately thirty were injured. After various proceedings, the court found the defendants to be in default and issued a judgment awarding $192,740,660 in damages to the plaintiffs. Subsequently, the default was vacated, after which the parties settled for an undisclosed amount.
Estates of Yaron Ungar and Efrat Ungar, et al. v. Palestine Liberation Organization, et al.
Estates of Yaron Ungar and Efrat Ungar, et al. v. Palestine Liberation Organization, et al., 00-cv-00105 (D.R.I., filed 13 Mar 2000).
Lawsuit seeking $250 million in damages brought by the family of two murder victims of a machine-gun attack on 9 Jun 1996. While going home from a wedding two Palestinian gunmen killed Yaron and Efrat Ungar as they drove on a road between Jerusalem and Tel Aviv, near Beit Shemesh. The Palestinian gunmen fired twenty bullets from their van into the couple’s car. Although the bullets missed the couple’s one-year-old son, who was in a car seat in the back, both Yaron and Efrat were killed. The case involved intensive litigation in the U.S. District Court, the First Circuit Court of Appeals, and the U.S. Supreme Court, including defendants’ efforts to reopen a $116,409,123 default judgment. Ultimately, the case was settled for an undisclosed sum.
Biton, et al. v. Palestinian Interim Self-Government Authority, et al.
Fuld, et al. v. Palestine Liberation Organization, et al., 20-cv-03374 (S.D.N.Y, filed 30 Apr 2020).
Lawsuit seeking $200 million in damages, trebled, by family of the murdered victim. The victim was stabbed in the back at a mall on 16 Dep 2018, with a 21 centimeter knife, wounding his main artery and right lung. At the time of the stabbing the terrorist yelled in Arabic, “Basem Allah,” (“in the name of the lord”), and, “Allah Akhbar.” The complaint alleges that the terrorist was incentivized and encouraged by the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA). The case, dismissed by the U.S. District Court on constitutional and jurisdictional grounds, has been appealed to the Second Circuit Court of Appeals and is currently pending.
Fuld, et al. v. Palestine Liberation Organization, et al.
Background • How the Court Works
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• Legal Tools Database
The Palestinian Authority and the ICC
The Two ICC Proceedings of Direct Concern to Israel: 1. Gaza Flotilla Incident – 2. “Palestine” Situation – • Background
• Preliminary Examination
• Ruling on Jurisdiction
• Amicus Submissions
• Investigation
23 Mar 1946
15 Mar 1946
26 Mar 1946
13 Mar 1946
Photo Credit [Tower of David]: Free Israel Photos (freeisraelphotos.com) / CC BY 3.0
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.
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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
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
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.