Zuhdi Shubeitah
العربية

The American JASTA Law

The article examines the Justice Against Sponsors of Terrorism Act (JASTA), its 2016 ratification by the US Congress, its challenge to state sovereign immunity before US courts, and the potential risks it poses to Saudi and Gulf investments and deposits in the United States.

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English translation, prepared and reviewed before publication. The Arabic text is authoritative.

Zuhdi ShubeitahBanking executive (former)
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2 min read
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JASTA (Justice against Sponsors of Terrorism Act))

-        Published on: 30-5-2018

-        "The elephant in the room" — this is how this law was described, which was finally ratified by the two chambers of the US Congress — the House of Representatives and the Senate — on 28-9-2016, despite the opposition of the US administration represented at the time by President Obama. This law permits holding (states) accountable in order to compensate for damages resulting from terrorist acts committed by (individuals) who hold their nationality. This law was enacted fifteen years after the events of September 11, 2001, in which 15 Saudi citizens out of 19 people were accused of involvement in that infamous terrorist event. Some American politicians interpreted that Saudi Arabia was the primary target, although its name was not explicitly mentioned; however, some other jurists and politicians clarified that the scope of this law is not limited to Saudi Arabia alone. Rather, this overwhelming ratification by the representatives of the American people goes beyond the Saudi case, as it contains a latent and broad potential for future application to other cases that would exclude no one... It is the Americanization of the global legal order, instead of globalization...!!!

-        The American JASTA law is an indicator that American thinking rejects the sovereign immunity of states before American courts; it is the global expansion of the jurisdiction of American courts...!!!

-        The American JASTA law will remain like a villa in a locked room... like a dormant cell, and its reins will be released when conditions ripen to apply this law literally by judges who may be appointed by election in the states rather than federally by appointment.. and then, evidentiary proof of probabilistic strength will be adopted.... and this is what happens in compensation cases in the American arena....

-        Saudi Arabia's recent investments in many fields including trade, technology, education and investment exceeded hundreds of billions of dollars following Crown Prince Mohammed bin Salman's recent visit to the United States, in addition to existing investments... will remain at risk; indeed, the sovereign wealth funds of the Gulf countries allocated for future generations will be significantly harmed, and threatening to withdraw deposits and investments from the American arena will not help. Saudi Arabia and the Gulf countries are the most likely states to be subject to the jurisdiction of American courts.... The American administration has at its disposal a vocabulary such as the term "terrorism" as a reference in all political times. The wealthy Arabs — by the definition of US President Trump "they are rich" — must accept the American interpretation of the term terrorism in all its nuances.... and they are required to pay the price again and again, according to what is fashioned of the broad terms by the American master, and then there remains no money nor children...

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Zuhdi Shubeitah, “The American JASTA Law” (English translation of «قانون جاستا الامريكي», originally published 2 October 2022), https://www.zuhdish.co/en/articles/the-american-jasta-law

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