A federal appeals court has reinstated a $656 million judgment against the Palestinian Liberation Organization (PLO) and the Palestinian Authority (PA) for attacks in Israel that killed or wounded Americans. The 2nd U.S. Circuit Court of Appeals ruled on March 30, aligning with a 2023 Supreme Court decision that upheld a 2019 law allowing such lawsuits under the Anti-Terrorism Act.
The original judgment was first tossed out a decade ago on grounds that U.S. courts lacked jurisdiction over overseas attacks not targeting the United States. However, the appeals court reinstated it, citing the Supreme Court’s ruling that Congress had the authority to permit these cases.
Legal Background and Implications
The case stems from attacks in the mid-2000s, with plaintiffs arguing that Palestinian agents either carried out or incited the violence. The PA and PLO have consistently maintained that U.S. courts should not hear such cases. Lawyers for the victims, including Kent Yalowitz and Nitsana Darshan-Leitner, expressed relief after 22 years of litigation, noting the decision avoids a new trial.
Opposing Perspectives
The PA and PLO have not publicly commented on the latest ruling, but their legal arguments historically center on jurisdictional limits. The Supreme Court’s decision, however, affirmed Congress’s power to extend liability for terrorism-related damages, setting a precedent for future cases.
Broader Context
The Anti-Terrorism Act, enacted in 1992, was designed to provide legal recourse for victims of international terrorism. The reinstated judgment marks a rare instance of financial accountability for foreign entities accused of supporting attacks. The case’s longevity underscores the complexities of cross-border litigation and the evolving legal landscape around terrorism-related claims.