The LIABLE Act would change U.S. law to carve out a narrow exception to the broad immunity currently enjoyed by international organizations (IOs) from lawsuits in U.S. courts. Specifically, it would allow monetary-damages claims against an IO for personal injury or death caused by acts tied to terrorism—such as torture, extrajudicial killing, aircraft sabotage, hostage taking, or providing material support for such acts—when those acts are committed by an IO official or agent within the scope of their duties. The exception would apply only in cases not already covered by existing immunity under the International Organizations Immunities Act (IOIA). A claim would proceed in U.S. courts if the IO conspired with or aided a designated foreign terrorist organization and the plaintiff (or the victim) has a certain U.S. nexus (e.g., is a U.S. national, a member of the armed forces, or a U.S. government employee or contractor acting within the scope of employment), or if the IO is based in or has a substantial presence in the United States. The act would also set a 20-year statute of limitations for bringing such a claim. In short, the bill would allow certain terrorism-related damages suits against IOs in U.S. courts under specific conditions, narrowing the IO’s immunity in carefully defined circumstances.
Key Points
- 1Creates a new chapter (Chapter 97A) in Part IV of Title 28 to establish a “Terrorism exception to the jurisdictional immunities of international organizations” (Sec. 1621).
- 2Defines “international organization” to include entities or agencies covered by the International Organizations Immunities Act (IOIA), aligning with existing U.S. law on IO immunity.
- 3Establishes that an IO shall not be immune in cases not covered by IOIA where money damages are sought for personal injury or death caused by acts such as torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support for such acts, if the act or support is by an IO official or agent acting within scope.
- 4Sets the hearing trigger: a court must hear the claim if the IO conspired with or materially supported a designated foreign terrorist organization (FTO) under the INA, and the plaintiff or victim has a U.S. nexus (e.g., U.S. national, member of the armed forces, or U.S. government/contract employee) or the IO is based in or has substantial presence in the United States.
- 5Imposes a 20-year statute of limitations: an action may be brought if it is commenced within 20 years of when the cause of action arose.