1984

USCA

Tel-Oren v Libyan Arab Republic 726 F2nd 774 (1984)

The father of a Israel citizen murdered on a civilian attack in Israel brought suit against the defendant for compensatory and punitive damages for tortious acts in violation of law of nations, treaties of the US and criminal laws of the US. The action was dismissed and in appellation the dismissal confirmed because of subject matter jurisdiction and barred by applicable statute of limitations.

Differences of this case with Filartiga v Pena Irala 1980 1. claim brought by Paraguay citizens against a former Paraguayan official. 2. actions of the official were in violation of the constitution of Paraguay and wholly un-ratified by that nation government 3. The international rule violated there was proscription of official torture, in which there is universal agreement 4. Pena defendant was subject of international duties There is a basic disagreement as to legitimate political goal and the proper method of attainment. Given such disharmony I cannot conclude that the law of nations, principles that states feel themselves bound to observe and do commonly observe, outlaws politically motivated terrorism, no matter how repugnant it might be to our own legal system. Case was dismiss