New York, NY, June 2, 2010 … Responding to a unanimous decision by the U.S. Supreme Court holding that the Foreign Sovereign Immunities Act does not protect foreign officials from prosecution in U.S. courts, the Anti-Defamation League (ADL) issued the following statement:
The Supreme Court has struck an appropriate balance in this decision. It correctly ruled that foreign officials who perpetrate atrocities like genocide and crimes against humanity can be sued in American courts. At the same time, the Court did not open the doors of U.S. courthouses too wide, leaving in place important legal precedents – solid, long-recognized defenses that foreign government officials and others can raise in response to bogus lawsuits motivated by politics.
In reaching this result, the Supreme Court closely followed the path ADL recommended in its brief.
ADL is gratified by the outcome, which will on rare occasions provide some measure of justice for victims of the world's worst offenders, while at the same time discourage inappropriate manipulation of the American judicial system.
The case, Samantar v. Bashe Abdi Yousuf, et al., was brought by a group of Somalis seeking retribution for the alleged torture they suffered at the hands of soldiers under the command of a former Somali government official.
ADL's friend-of-the-court brief was authored by Proskauer Rose LLP.