An Assault on State Immunity

The article, co-authored with Md. Rizwanul Islam, addresses the Justice Against Sponsors of Terrorism Act (JASTA), enacted by both houses of the US Congress on 28 September 2016 over the veto of President Barack Obama.

It argues: ‘Now, on matters pertaining to terrorism, JASTA would make the international legal doctrine of state immunity next to non-existent.’ It suggests that the International Court of Justice may be the proper forum or, so that victims can sue themselves, that a Mixed Claims Commission may be a viable option.

It concludes: ‘Hence, there may be no need to dismantle state immunity; one of the foundational principles of international law, and yet achieve the objective that JASTA seeks to achieve.’