Tuesday, April 5, 2005

US COURT REJECTS PA CLAIM OF SOVEREIGN IMMUNITY

U.S. Court Rejects PA Claim of Sovereign Immunity - Dan Izenberg (Jerusalem Post)
The U.S. Court of Appeals for the First Circuit rejected the PA's claim that it enjoyed sovereign immunity and upheld a lower court ruling ordering it to pay $116 million to the estate of Hamas terror victim Yaron Ungar.

Ungar, an American-Israeli, his wife, Efrat, and their son Ishai were driving home from a wedding on June 9, 1996, when Hamas terrorists opened fire, killing both parents.

"The defendants [the PA and the PLO] argue that the state of Palestine exists," wrote the court, "that they constitute core elements of the state and that therefore they are immune from suit."
"This argument has a quicksilver quality. It is hard to pin down exactly when or how the defendants assert that Palestine achieved statehood." "However, the defendants have not carried their burden of showing that Palestine satisfied the requirements for statehood under the applicable principles of international law at any time." The next step for the plaintiffs is to ascertain the assets of the PLO and the PA as a first step in collecting the damages awarded by the court.

SO I GUESS THE P.A. IS AT LEAST ADMITTING THAT IT SPONSORED THE TERROR.

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