SCOTUS to Consider Foreign Sovereign Immunity for Former Government Officials

SCOTUS to Consider Foreign Sovereign Immunity for Former Government Officials

The U.S. Supreme Court has granted certiorari in Samantar v. Yousef, a lawsuit by Somalis who alleged torture and mistreatment by a former Somali prime minister.  Here is the issue:

Whether a foreign state’s immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1604, extends to an individual acting in his official capacity on behalf of a foreign state and whether an individual who is no longer an official of a foreign state at the time suit is filed retains immunity for acts taken in the individual’s former capacity as an official acting on behalf of a foreign state.

This could be a pretty important case in the FSIA context, from both a development of the FSIA point of view and as a purely practical matter for Alien Tort Statute lawsuits.

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