What is International Terrorism Litigation?

We Represent Victims of Terrorist Attacks and Their Families in International Terrorism Lawsuits

Attorney Nick Oberheiden
JASTA Lawsuit Claims
Team Lead

Terrorist organizations based in foreign countries around the world are responsible for some of the most heinous acts committed in recent history. Along with Al Qaeda’s terrorist attack on 9/11, this includes attacks targeting US citizens and foreign nationals in countries around the world. For victims of terrorist attacks and family members who are grieving the loss of loved ones, filing a lawsuit against a state sponsor of terrorism or another responsible party can serve as a source of both closure and monetary compensation.

At Oberheiden P.C., we represent individuals and families in lawsuits seeking to establish civil liability for large-scale terrorist attacks and other terrorist activities resulting in catastrophic injuries or death. Criminal investigations targeting terrorists and terrorist groups can take years, if not longer, and they generally do not result in monetary compensation for those who were most affected by the attacks. As terrorist activities have expanded in recent years, holding state sponsors and other foreign countries accountable has taken on heightened importance. We handle a broad range of terrorism-related cases, and we take a comprehensive approach to seeking direct responsibility for terrorist financing and other means of providing material support to terrorist organizations.

Laws that Protect Terrorist Attack Victims and Their Families

Congress has enacted several laws that provide victims of terrorist attacks and their family members with options for taking legal action. While the United Nations and other members of the international community have taken steps to fight terrorism as well, for US citizens living domestically and abroad, fighting for justice generally means pursuing civil liability under US law. The laws that protect terrorist attack victims and their families include:

Anti-Terrorism Act (ATA)

The Anti-Terrorism Act (ATA) applies to, “any national of the US injured in his or her person, property or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs” (18 U.S.C. § 2333(a)). It provides that any eligible person may file a lawsuit, “in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.”

As discussed below, the ATA previously required proof that the party targeted in a lawsuit was primarily responsible for the plaintiff’s losses. However, this changed with Congress’s enactment of the Justice Against Sponsors of Terrorism Act (JASTA), which, for context, was a direct response to Al Qaeda’s attack on the World Trade Center on 9/11. Since targeting terrorist organizations like Al Qaeda in civil litigation presents a variety of challenges, Congress enacted JASTA to allow victims and family members to pursue lawsuits against foreign countries like Afghanistan in a broad range of circumstances.

Alien Tort Statute (ATS)

The Alien Tort Statute (ATS) allows victims and family members to file lawsuits for violations of international law, including violations involving terrorist violence and other terrorism-related crimes. While the ATS is intended as a means of protection, its scope restricts its efficacy as an enforcement and deterrent tool in many cases.

For example, the courts have held that the ATS does not cover acts of international terrorism outside of the United States, and the ATS does not allow for civil litigation targeting foreign states—even in connection with state-sponsored terrorism—in many cases. As a result, JASTA has become the primary means of protection (and monetary compensation) for victims and their families in recent years.

Justice Against Sponsors of Terrorism Act (JASTA)

The Justice Against Sponsors of Terrorism Act (JASTA) allows victims and families to pursue civil litigation against foreign states when there is evidence that a foreign state has provided funds to a terrorist group or has otherwise aided and abetted or conspired in the commission of a terrorist threat or terrorist attack. With the establishment of JASTA, US courts have jurisdiction over foreign states when jurisdictional immunity would have previously applied—allowing victims of both domestic and international terrorist attacks to pursue civil litigation at home.

Foreign Sovereign Immunities Act (FSIA)

Similar to the ATA, the Foreign Sovereign Immunities Act (FSIA) predates the enactment of JASTA, and it works with JASTA to provide critical rights to victims of terrorist attacks in the US and abroad. While FSIA initially sought to prevent civil lawsuits related to terrorist attacks from interfering with foreign affairs, JASTA places greater priority on protecting victims and their families—although it still allows the US government to intervene in appropriate circumstances.

Civil Litigation Involving International Terrorist Attacks and Other Acts of Terrorism

While pursuing civil litigation related to terrorist acts is a complex process, there is a clear path forward—and victims and family members can engage a law firm to represent them in these cases at no out-of-pocket cost. Broadly, the major steps involved in the process are:

1. Filing a Lawsuit in Federal Court in the United States

The first formal step in the process is to file a lawsuit in federal court in the United States. At Oberheiden P.C., our attorneys have extensive experience in federal civil litigation, and we are prepared to take all necessary steps to protect and assert our clients’ legal rights in international terrorism cases.

2. International Cooperation in Counter-Terrorism Litigation

Oftentimes, pursuing remedies in counter-terrorism litigation requires international cooperation with respect to service of process and various other aspects of the process. We have the team, resources, and connections required to pursue cases against foreign countries around the world.

3. Collecting Judgements Against Foreign States that Provide Material Support for Terrorism

When pursuing claims related to terrorist financing and other means of material support under JASTA, collecting on any damages awarded can present challenges as well. Key provisions of US federal law facilitate collection in appropriate circumstances; and, in addition to helping our clients pursue verdicts in court, we represent our clients with respect to collecting damages through attachment and other means as well.

About Oberheiden P.C.’s International Terrorism Litigation Practice

When you need to pursue civil litigation related to the devastating consequences of a terrorist attack, your choice of legal representation matters. Here are just some of the reasons why victims and family members choose Oberheiden P.C.:

Experience – We have extensive experience representing clients in federal civil litigation. Our team also includes several former federal prosecutors, federal agents, and high-ranking federal officials.
Resources – We have the means necessary to pursue international terrorism lawsuits against state sponsors of terrorism and other foreign entities around the world.
Capabilities – As a result of our experience and resources, we have the capabilities required to effectively and efficiently manage high-stakes litigation against foreign states and other foreign entities in US courts.
Commitment – We are passionate about what we do. As your legal counsel, we will be 100% committed to the success of your international terrorism case, and we will do everything we possibly can to achieve a favorable result on your behalf.
Communication – We prioritize communication with our clients. When you choose Oberheiden P.C., you can expect to hear from our attorneys regularly, and you can expect to stay involved and informed throughout the process.

FAQs: Filing a Lawsuit for an Act of Terrorism

Can State Sponsors of Terrorism Be Held Liable for Terrorist Acts?

Yes, federal laws in the United States allow victims and family members to file civil lawsuits against state sponsors of terrorism. This provides a potential source of financial compensation for those who are living with the direct consequences of a terrorist attack.

Can Other Foreign Countries Be Held Liable for International Terrorist Attacks?

Yes, along with state sponsors of terrorism, other foreign countries can be held liable for international terrorism in many cases. If you have grounds to file a lawsuit against a foreign state, our attorneys can take all necessary and appropriate legal action on your behalf.

What Compensation is Available to Victims and Family Members in Lawsuits Involving Acts of Terrorism?

Federal laws entitle victims and family members to seek damages for all of the financial and non-financial losses they suffer due to acts of terrorism. This includes damages for medical expenses, funeral expenses, lost income, pain and suffering, and other losses. These laws allow plaintiffs in terrorism lawsuits to recover their costs and attorneys’ fees as well.

How Can Victims and Family Members Seek Monetary Compensation for Terrorist Attacks?

Seeking monetary compensation for a terrorist attack starts with hiring an attorney to represent you. If you have grounds to file a lawsuit under JASTA or another federal statute, your attorney will be able to pursue your lawsuit on your behalf in US federal court.

Should I Hire an Attorney to File a Lawsuit for Terrorism?

Yes, while not legally required, hiring an attorney in this scenario is necessary from a practical perspective. These lawsuits are extremely complex, and they present a variety of challenges that will demand in-depth knowledge of the law.

Contact the Terrorism Litigation Attorneys at Oberheiden P.C.

If you would like to know more about filing a lawsuit related to an act of international terrorism, we invite you to get in touch. To speak with an experienced terrorism litigation attorney at Oberheiden P.C., please call 888-680-1745 or request a free initial consultation online today.