联邦上诉法院恢复了对巴勒斯坦当局的6.56亿美元判决。
Federal Appeals Court Reinstates $656 Million Judgment Against Palestinian Authorities

原始链接: https://www.zerohedge.com/geopolitical/federal-appeals-court-reinstates-656-million-judgment-against-palestinian-authorities

美国联邦上诉法院恢复了一项对巴勒斯坦权力机构(PA)和巴勒斯坦解放组织(PLO)的6.56亿美元判决,原因是美国公民在以色列期间在袭击中丧生或受伤。该裁决源于根据1992年反恐法提起的诉讼,最初在2014年获得2.185亿美元的陪审团裁决(翻倍至6.555亿美元)。 之前的上诉推翻了这一判决,理由是美国没有管辖权。随后,美国国会在2019年通过了《促进恐怖主义受害者安全与正义法案》(PSJVTA),试图基于巴权力机构/巴解组织的行为(如向恐怖分子支付福利或在美国维持办事处)来建立管辖权。最初,第二巡回法院认为该法案违宪。 然而,美国最高法院在2024年6月一致推翻了这一决定,站在受害者一边,并确认了PSJVTA的有效性。现在,第二巡回法院也随之效仿,恢复了最初的判决。虽然执行可能具有挑战性,但这标志着受害者及其家属寻求恐怖行为问责制方面的一项重大胜利。

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原文

Authored by Joseph Lord via The Epoch Times,

A federal appellate court has agreed to reinstate a $656 million judgment against Palestinian authorities for Americans killed or wounded in attacks by the Palestinian Liberation Organization (PLO) and the Palestinian Authority while in Israel.

The ruling from the 2nd U.S. Circuit Court of Appeals was issued in the wake of a Supreme Court decision authorizing such suits for victims of international terrorism in a legal saga that’s been ongoing since the mid-2010s.

“We conclude that the original judgment for the plaintiffs should be reinstated. That conclusion is consistent with the plain import of the Supreme Court’s decision,” the judges said in a decision dated March 30.

The Supreme Court’s decision directly overturned a prior ruling made by the 2nd Circuit Court of Appeals on the matter.

The case has its earliest origins in a law passed by Congress in 1992, the Anti-Terrorism Act, which permitted victims of international terror to sue the offender.

In 2014, in the case Sokolow v. PLO, the PLO was successfully sued under that law in the U.S. District Court for the Southern District of New York. In the case, victims were awarded $218.5 million in damages by a jury—tripled to $655.5 million under the Anti-Terrorism Act.

The victims and their families have stated that Palestinian agents were either directly involved in the attacks or helped incite them.

The Palestinians have consistently argued that the cases shouldn’t be allowed in American courts.

In 2016, the case was brought before the 2nd Circuit Court of Appeals. In their decision, circuit judges tossed out the verdict from the lower court, and ruled that U.S. courts had no jurisdiction over international actors in non-U.S. countries.

Frustrated by the ruling, Congress in 2019 passed the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which sought to create a legislative carve-out to ensure that lawsuits against the PLO and Palestinian Authority could move forward.

The legislation stated that the PLO and Palestinian Authority had “consented” to the jurisdiction of U.S. courts if they either paid martyr benefits to terrorists or their families or if they maintained any non-United Nations offices in the United States.

In 2023, the matter came again before the 2nd Circuit Court of Appeals, and the court held that the PSJVTA was unconstitutional. Its ruling stated that Congress could not simply “deem” an action to constitute consent to U.S. jurisdiction without running afoul of the Due Process Clause of the Fifth Amendment.

In a unanimous decision in June 2025, the Supreme Court ruled in favor of victims, overturning the 2nd Circuit Court of Appeal’s ruling that the Fifth Amendment was violated by the PSJVTA.

With the vacation overturned, the courts will now move toward enforcement of the lower court ruling in favor of the plaintiffs, although collecting the funds from the PLO may meet with practical obstacles.

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