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The United States Supreme Court: Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Elahi

Published online by Cambridge University Press:  27 February 2017

Ronald J. Bettauer
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Type
International Legal Documents
Information
International Legal Materials , Volume 48 , Issue 4 , August 2009 , pp. 804 - 819
Copyright
Copyright © American Society of International Law 2009

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References

* This text was reproduced and reformatted from the text available at the U.S. Supreme Court website: (visited August 17, 2009) <http://www.supremecourtus.gov/opinions/08pdf/07-615.pdf.

1 General Declaration of the Algiers Accords, 20 I.L.M. 224 (1981).

2 See Pub. L. No. 94-583 (1976) (codified at 28 U.S.C. ch. 97). Germany filed a case against Italy at the International Court of Justice in December 2008 that will address whether such exceptions to the rule of state immunity are consistent with customary international law. See Jurisdictional Immunities (F.R.G. v. Italy), Application of the Federal Republic of Germany (Dec. 22, 2008), available at <http://www.icj-cij.org/docket/files/143/14923.pdf.

3 Grimm v. Iran, 2 Iran-U.S. Cl. Trib. Rep. 78 (1983).

4 See U.S. Dep’t of State, State Sponsors of Terrorism, at <http://www.state.gov/s/ct/c14151.htm.

5 Antiterrorism and Effective Death Penalty Act of 1966, Pub. L. No. 104-132, § 221 (1996) (inserted new subsection (a)(7) into 28 U.S.C. 1605).

6 See generally JENNIFER K. ELSEA, CONG. RESEARCH SERV., CRS REPORT FOR CONGRESS: SUITS AGAINST TERRORIST STATES BY VICTIMS OF TERRORISM (2008), available at <http://www.fas.org/sgp/crs/terror/RL31258.pdf [hereinafter CRS Report].

7 Elahi v. Islamic Republic of Iran, 124 F. Supp. 2d 97 (D.C. Cir. 2000).

8 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, § 2002 (2000). Additional judgments against Iran were added by § 686 of the Foreign Relations Authorization Act, Fiscal Year 2003, Pub. L. No. 107-228 (2002), and § 201(c)(1) of the Terrorism Risk Insurance Act of 2002, Pub. L. No. 107-297 (2002) [hereinafter TRIA].

9 TRIA, § 201(d).

10 Foreign Sovereign Immunities Act of l976, Pub. L. No. 94- 583, 28 U.S.C. Sec. l330, l332(a), l39l(f) and l60l-l6ll, 1606.

11 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, §2002(a), 114 Stat. 1464.

12 See TRIA.

13 CRS Report, supra note 6, at 72.

14 Ministry of Def. & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Def. Sys., Inc., 29 F. Supp. 2d 1168, 1171 (S.D. Cal. 1998).

15 Ministry of Nat’l Def. of the Islamic Republic of Iran v. United States and Cubic Corp., 14 Iran-U.S. Cl. Trib. Rep. 276 (1987).

16 Islamic Republic of Iran v. United States, Case No. B/61. The case is discussed in, and relevant case files are attached to, the United States Brief as Amicus Curiae Support Reversal, Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi.

17 Ministry of Def. & Support for Armed Forces of Islamic Republic of Iran v. Cubic Def. Sys. Inc., 495 F.3d 1024, 1033 (9th Cir. 2007).

18 Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi, 129 S. Ct. at 1739 (2009).

19 Id. at 1740.

20 See 72 Fed. Reg. at 71, 991-71, 992 (Oct. 25, 2007).

21 See Brief for United States as Amici Curiae Supporting Petitioner, Ministry of Def. & Support for the Armed Forces of the Islamic Republic of Iran v. Elahi, 129 S. Ct. at 1739 (2008).

22 129 S. Ct. at 1740.

23 Id. at 1741.

24 Id. at 1746-47.

25 See generally CRS Report, supra note 6.