US is the wrong place, Dichter the wrong man - correction - Comment - Israel News | Haaretz Daily Newspaper
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    • Tosefta
    • 03.05.07 | 16:47 (IDT)

    US Code, Title 28, § 1605. General exceptions to the jurisdictional immunity of a foreign state: "(7).. in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that the court shall decline to hear a claim under this paragraph? (A) if the foreign state was not designated as a state sponsor of terrorism under section.." As can be seen from the above, US law gives Israeli officials "foreign immunity" even against damages caused by extrajudicial killings, since Israel is not designated "state sponsor of terrorism". Iran does not enjoy such immunity and indeed was ordered to pay hundreds of millions. (They didn't bother to present a defense.) Dichter is also the wrong person to sue. The Shin Bet cautioned that the Shehada neighborhood was populated, while the Air-Force, under Halutz, claimed it was empty. Sharon accepted the IAF view and many Shehada neighbors were killed. The plaintiffs better go to England and sue Halutz if they want to actually collect any money.

    from the article: U.S. District Court in Manhattan clears Dichter in war crimes suit
    First published 00:00 03.05.07 | Last updated 00:00 03.05.07
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