Sanchez-espinoza and Others v. Reagan and Others

Abstract

War and armed conflict — Internal armed conflicts — Private support by United States citizens of rebels operating in Nicaragua — Whether contrary to international law — United States involvement in conflict — Whether subject to control by the courts of the United States — Whether Administration’s policy of supporting rebels violates right of Congress to declare war — Whether a justiciable question

Relationship of international law and municipal law — Act of State and justiciability — United States support for Contra rebels in Nicaragua — Alien Tort Statute — Action against United States officials for alleged violation of international law — Whether justiciable — Whether courts will grant discretionary remedy in respect of sensitive issues of foreign policy

State immunity — Jurisdictional immunity — Doctrine of immunity of the United States before its own courts — Comparison with doctrine of immunity of foreign States — Alien Tort Statute — Action against United States officials for alleged violation of international law — Action barred by United States sovereign immunity — Whether action against official of foreign State in similar circumstances would be barred by foreign State immunity — The law of the United States