Personal Injuries and Global Remedies: International Terror Torts in United States' Courts

Abstract

The United States is currently undergoing a dramatic volte-face regarding the role of U.S. courts in the battle against international terrorists and, more recently, state sponsors of terrorism. More has happened in the past decade than the previous 200 years combined.

This article is an attempt to outline the history and development of international tort law in American courts as it pertains to acts committed by terrorist entities. The article begins with a history of the judiciary's traditional role in this field, along with an overview of issues such as sovereign immunity and terrorist victim compensation. The article then shifts its focus to the Foreign Sovereign Immunities Act's so-called "anti-terrorism exception" and its sister legislation, which reflect a new and revolutionary theory of assigning liability to terrorists and state-sponsors of terrorism. The article concludes with a review of the most recent developments in ensuring that successful claimants actually get to collect their judgments.

Keywords: Terrorism, international law, FSIA, anti-terror laws, terrorist, international tort law, terror torts, ATCA, Alien Tort Statute, state sponsors of terrorism, sovereign immunity