The Constitution Is Not a Shield for Foreign Terrorists

The Second Circuit Court of Appeals recently ruled that the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) can be held liable in U. S. courts for their involvement in terrorism against Americans. This decision stems from a lengthy legal battle related to the Second Intifada, during which American victims sought justice for attacks coordinated by these groups.

• In 2002, Mark Sokolow, an American citizen, was injured in a bombing in Jerusalem orchestrated by a PA agent. He later became part of a lawsuit against the PLO and PA.

• A jury originally awarded $655 million in damages to Sokolow and other victims, but the funds were not distributed due to prolonged legal challenges.

• For over a decade, the courts, under the premise that they lacked jurisdiction over foreign defendants, blocked the victims from receiving their compensation.

• A key change occurred after the Supreme Court’s unanimous ruling in Fuld v. PLO, which clarified that Congress has the authority to establish jurisdiction in cases involving foreign entities when related to national security.

• The Supreme Court's decision emphasized that the PLO and PA, by having a diplomatic presence in the U. S. and making payments to families of convicted terrorists, effectively consented to U. S. jurisdiction.

• The recent ruling marks a significant shift, declaring the U. S. Constitution cannot be used as protection for foreign terrorist organizations against American justice.

This landmark decision reinforces that foreign organizations cannot evade accountability for their actions against Americans. The court's ruling allows civil suits against terrorist groups and their supporters, promoting greater responsibility and justice for victims. Going forward, Congress is encouraged to continue creating laws that enable private individuals to combat terrorism through legal channels, ensuring the Sokolows and others receive the justice they deserve. 

https://www.city-journal.org/article/mark-sokolow-palestinian-authority-attack-court-ruling