State Immunity
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State Immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country. There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other "non-sovereign activity" of a state. The United Nations Convention on Jurisdictional Immunities of States and their Property, which as of 2015 is not yet in force, would re-formulate and harmonise the rules and their exceptions. It does not cover criminal proceedings and it does not allow civil (e.g. financial) actions for human rights abuses against state agents where th ...
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Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two forms of sovereign immunity: * immunity from suit ( ...
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International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. While praised as a major step towards justice, and as an innovation in international law and human rights, the ICC has faced a number of criticisms from governments and civil society, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. History The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed ...
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Basel
, french: link=no, Bâlois(e), it, Basilese , neighboring_municipalities= Allschwil (BL), Hégenheim (FR-68), Binningen (BL), Birsfelden (BL), Bottmingen (BL), Huningue (FR-68), Münchenstein (BL), Muttenz (BL), Reinach (BL), Riehen (BS), Saint-Louis (FR-68), Weil am Rhein (DE-BW) , twintowns = Shanghai, Miami Beach , website = www.bs.ch Basel ( , ), also known as Basle ( ),french: Bâle ; it, Basilea ; rm, label= Sutsilvan, Basileia; other rm, Basilea . is a city in northwestern Switzerland on the river Rhine. Basel is Switzerland's third-most-populous city (after Zürich and Geneva) with about 175,000 inhabitants. The official language of Basel is (the Swiss variety of Standard) German, but the main spoken language is the local Basel German dialect. Basel is commonly considered to be the cultural capital of Switzerland and the city is famous for its many museums, including the Kunstmuseum, which is the first collection of art accessibl ...
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September 11 Attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial airliners scheduled to travel from the Northeastern United States to California. The hijackers crashed the first two planes into the Twin Towers of the World Trade Center in New York City, and the third plane into the Pentagon (the headquarters of the United States military) in Arlington County, Virginia. The fourth plane was intended to hit a federal government building in Washington, D.C., but crashed in a field following a passenger revolt. The attacks killed nearly 3,000 people and instigated the war on terror. The first impact was that of American Airlines Flight 11. It was crashed into the North Tower of the World Trade Center complex in Lower Manhattan at 8:46 a.m. Seventeen minutes later, at 9:03, the World Trade Center’s S ...
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Justice Against Sponsors Of Terrorism Act
The Justice Against Sponsors of Terrorism Act (JASTA) () is a law enacted by the United States Congress that narrows the scope of the legal doctrine of foreign sovereign immunity. It amends the Foreign Sovereign Immunities Act and the Anti-Terrorism and Effective Death Penalty Act in regards to civil claims against a foreign state for injuries, death, or damages from an act of international terrorism. Previously, U.S. citizens were permitted to sue a foreign state if such state was designated as a state sponsor of terrorism by the United States Department of State and if they were harmed by that state's aid for international terrorism. JASTA authorizes federal courts to exercise subject matter jurisdiction over any foreign state's support for acts of international terrorism against a U.S. national or property regardless of whether such state is designated as a state sponsor of terrorism. The bill passed the Senate with no opposition in May 2016 and, in September 2016, was unan ...
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Hostage-taking
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or refrain from acting, in a certain way, often under threat of serious physical harm or death to the hostage(s) after expiration of an ultimatum. The ''Encyclopædia Britannica Eleventh Edition'' (1910-1911) defines a hostage as "a person who is handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war." A party who seizes one or more hostages is known as a hostage-taker; if the hostages are present voluntarily, then the receiver is known as a host. In civil society, along with kidnapping for ransom and human trafficking (often willing to ransom its captives when lucrative or to trade on influence), hostage taking is a criminal ...
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Aircraft Sabotage
An aircraft is a vehicle that is able to fly by gaining support from the air. It counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines. Common examples of aircraft include airplanes, helicopters, airships (including blimps), gliders, paramotors, and hot air balloons. The human activity that surrounds aircraft is called ''aviation''. The science of aviation, including designing and building aircraft, is called ''aeronautics.'' Crewed aircraft are flown by an onboard pilot, but unmanned aerial vehicles may be remotely controlled or self-controlled by onboard computers. Aircraft may be classified by different criteria, such as lift type, aircraft propulsion, usage and others. History Flying model craft and stories of manned flight go back many centuries; however, the first manned ascent — and safe descent — in modern times took place by larger hot-air ball ...
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Extrajudicial Killing
An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether lawfully or unlawfully, targeting specific people for death, which in authoritarian regimes often involves political, trade union, dissident, religious and social figures. The term is typically used in situations that imply the human rights of the victims have been violated; deaths caused by legitimate warfighting or police actions are generally not included, even though military and police forces are often used for killings seen by critics as illegitimate. The label "extrajudicial killing" has also been applied to organized, lethal enforcement of extralegal social norms by non-government actors, including lynchings and honor killings. United Nations Morris Tidball-Binz was appointed the United Nations Special Rapporteur on extrajudicia ...
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Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations. Torture has been carried out since ancient times. In the eighteenth and nineteenth centuries, Western countries abolished the official use of torture in the judicial system, but torture continued to be used throughout the world. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Since the twentieth century, many torturers have preferred non-scarring or psychological methods to provide deniability. Torturers are enabled by organizations that facilitate and encourage their behavior. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners or ...
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National Defense Authorization Act For Fiscal Year 2008
The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In a controversial Signing statement (United States), signing statement, President Bush instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President". Section 841 Establishes a Commission on Wartime Contracting in Iraq and Afghanistan. This commission would study federal agency contracting for reconstruction, the logistical support of coalition forces, and the performance of security functions in Iraq and Afghanistan. Some of the most important duties of this commission would be to assess the extent of pote ...
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State Sponsor Of Terrorism
State-sponsored terrorism is terrorist violence carried out with the active support of national governments provided to violent non-state actors. States can sponsor terrorist groups in several ways, including but not limited to funding terrorist organizations, providing training, supplying weapons, providing other logistical and intelligence assistance, and hosting groups within their borders. Because of the pejorative nature of the word, the identification of particular examples are often subject to political dispute and different definitions of terrorism. A wide variety of states in both developed and developing areas of the world have engaged in sponsoring terrorism. During the 1970s and 1980s, state sponsorship of terrorism was a frequent feature of international conflict. From that time to the 2010s there was a steady pattern of decline in the prevalence and magnitude of state support. Nevertheless, because of the increasing consequent level of violence that it could poten ...
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Antiterrorism And Effective Death Penalty Act Of 1996
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), , was introduced to the United States Congress in April 1995 as a Senate Bill (). The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton. Controversial for its changes to the law of habeas corpus in the United States, the AEDPA also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." Background On February 10, 1995, Senator Joe Biden introduced the Omnibus Counterterrorism Act of 1995 to the United States Senate. Just as was the case with its successor, the bill omnibus bill was introduced on behalf of the Clinton Administration. In the two months that the bill was debated in the Senate, little progress was made towards passage. Following the Oklahoma City Bombing on April 19, 1995, a n ...
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