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Keywords

defendantjurisdictioncommon lawappellant

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Matar v. Dichter

Facts

On July 22, 2002, an Israeli Defense Force aircraft bombed an apartment complex in Gaza City in the Gaza Strip, a Palestinian territory then occupied by Israel. The attack was designed to kill Saleh Mustafah Shehadeh, an alleged leader of the terrorist organization Hamas, and it succeeded. Collateral damage included the deaths of fourteen people, as well as the destruction of the apartment building and surrounding structures. Appellants were injured in the attack, or represent others who were killed or injured.

Issue

Whether the defendant, a former official of a foreign government, is entitled to immunity from suit under the Foreign Sovereign Immunities Act or common law principles.

Rule

The Foreign Sovereign Immunities Act (FSIA) provides the sole basis for obtaining jurisdiction over a foreign state in federal court, and a foreign state is presumptively immune unless a specified exception applies.

Analysis

The court concluded that even if the FSIA does not apply to former foreign officials, they continue to enjoy immunity under common law. The court deferred to the Executive Branch's determination regarding jurisdiction over actions against foreign sovereigns and their instrumentalities.

Conclusion

The dismissal of the complaint was affirmed.

Who won?

Defendant, Avraham Dichter, prevailed because the court found he was immune from suit under both the FSIA and common law principles.

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