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Read Editorial That Appeared in The Hill HERE
TL/DR
There is a pressing need for congressional action to address loopholes in the Justice Against Sponsors of Terrorism Act (JASTA). Drawing on a personal tragedy involving the murder of their daughter and son-in-law by Hamas terrorists, the author of this recent editorial contends that the erosion of JASTA's intent, exacerbated by foreign banks manipulating U.S. court interpretations, allows funds to continue flowing to terrorists.
When JASTA was passed, it primarily called for the following key provisions: Allow U.S. Citizens to bring lawsuits against foreign states for their involvement in terrorist acts against American citizens and hold accountable not only the direct perpetrators of terrorist acts but also those who provide material support, whether directly or indirectly, to terrorists.
However, narrow Court rulings have narrowed the scope of JASTA, have required plaintiffs to prove direct conspiracy between defendants and terrorists who committed the acts, making it challenging for victims to establish liability. This has created a safe harbor for foreign banks by allowing that if a bank conducts any legitimate business in addition to illegally funding terrorism it cannot be held liable for terrorist attacks on Americans.
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