Saudi Arabia Retains Immunity, Can't Be Sued By 911 Victims

by Yuliya Talmazan | June 29, 2009 at 10:53 am
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Today, the U.S. Supreme Court has declined an appeal by the families of 911 victims to hold Saudi royalty, other Saudi entities and Saudi Arabia in general liable for 911 terrorist attacks. The Saudi defendants will retain their sovereign immunity and cannot be sued in the U.S. for supplying financial support to Al-Qaeda, an Islamist group believed to be responsible for 911 attacks. The sponsorship links between Al-Qaeda and Saudi government have yet to be proved.

The victims and their families argued that because the defendants gave money to Muslim charities that in turn gave money to al Qaeda, they should be held responsible for helping to finance the attacks.
The appeals court ruled that exceptions to the sovereign immunity rule do not apply because Saudi Arabia has not been designated a state sponsor of terrorism by the U.S. State Department.

Saudi Arabia is officially not designated ‘a state sponsor of terrorism’ in the U.S, so the sovereign immunity of its subjects cannot be violated in the U.S. Currently there are four countries designated as 'state sponsors of terrorism' by the U.S. Department of State -- Cuba, Iran, Sudan and Syria. According to the website of the U.S. Department of State, countries that land on this list are subject to heavy sanctions, such as restrictions on U.S. foreign assistance, a ban on defense exports and sales, certain controls over exports of dual use items and miscellaneous financial and other restrictions. Evidently, the massive oil trade between USA and Saudi Arabia would be complicated a great deal if Saudi Arabia appeared on the list of state terrorism sponsors. Saudi Arabia's major importer is the United States, while US is also the second largest exporter of products produced within Saudi Arabia. Total exports from Saudi Arabia to the United States in 2007 are estimated at over $37 billion.

Meanwhile, attorneys of 911 victims said that today's decline of the appeal will limit the ability of victims to recover damages for acts of terrorism. Nearly 6000 plaintiffs are reported to have planned to sue. Obama's administration urged the Supreme Court to decline the appeal. 

In their appeal, the more than 6,000 plaintiffs said the government's court brief filed in early June was an "apparent effort to appease a sometime ally" just before President Barack Obama's visit to Saudi Arabia.

In late May, the Justice Department had sided in court with the Saudi monarchy in seeking to halt further legal action to hold it liable for the attacks.

The move came less than a week before Obama was scheduled to meet Saudi King Abdullah as part of his “rebuilding” trip to the Middle East.

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