Supreme Court Ruling Allows Lawsuit Against Palestinian Entities for Past Terror Attacks

The Supreme Court has unanimously upheld a 2019 law enabling victims of terrorist attacks linked to Palestinian organizations to pursue legal action in U.S. courts. This decision revives longstanding lawsuits against the Palestine Liberation Organization and the Palestinian Authority, which had been previously blocked.

Historically, numerous Americans have been affected by Middle Eastern terrorist incidents, including the deaths of 33 Americans in the early 2000s and injuries to many others. In 2018, a U.S.-born settler was murdered outside a West Bank mall by a Palestinian attacker.

Victims and their families have long claimed that Palestinian agents either carried out the attacks or incited them, though Palestinians have argued that U.S. courts lack jurisdiction over such foreign-based cases. Despite legislative efforts, courts, including the Second U.S. Circuit Court of Appeals, initially dismissed these lawsuits, citing that attacks directed at the U.S. do not fall within American jurisdiction. Notably, a 2016 ruling overturned a $654 million verdict in favor of plaintiffs, emphasizing jurisdictional limits.

The legal framework used by victims stems from the Anti-Terrorism Act of 1992, which was enacted to give U.S. courts jurisdiction over acts of international terrorism affecting Americans. The law was inspired by the 1985 hijacking of the Achille Lauro cruise ship, where the PLO was held responsible for a deadly attack.

In that case, a jury found the PLO and Palestinian Authority liable, awarding $218 million, which was tripled under the law. The Supreme Court’s recent decision affirms Congress’s intent to provide avenues for victims seeking justice.

The ruling marks a significant shift, allowing the U.S. legal system to entertain claims against Palestinian entities for past acts of violence committed or incited by them.