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ATS Suit Dismissed

September 8, 2012/in /by Marta Requejo
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On September 4, Judge Naomi Buchwald of the Southern District of New York dismissed an Alien Tort Statute suit against President Mahinda Rajapaksa of Sri Lanka, on the basis of a Suggestion of Immunity filed by the Justice Department, at the request of the State Department Legal Adviser.  Under customary international law and longstanding U.S. practice, sitting heads of state or government are considered to have immunity from civil suits in U.S. courts.

Judge Buchwald’s decision is also notable for her rejection of the plaintiff’s argument that head of state immunity should not shield officials accused of jus cogens violations.

Source: J. B. Bellinger,  Lawfare blog (click to see the whole post and for a link to the decision)

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https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Marta Requejo https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Marta Requejo2012-09-08 09:31:112012-09-08 09:31:11ATS Suit Dismissed

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Link to: Latest Issue of “Praxis des Internationalen Privat- und Verfahrensrechts” (5/2012) Link to: Latest Issue of “Praxis des Internationalen Privat- und Verfahrensrechts” (5/2012) Latest Issue of “Praxis des Internationalen Privat- und Verfahrensrechts”... Link to: Second Issue of 2012’s Journal of Private International Law Link to: Second Issue of 2012’s Journal of Private International Law Second Issue of 2012’s Journal of Private International Law
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