In a landmark decision on Friday, the Supreme Court of the United States rendered a unanimous verdict enabling victims of Palestinian terrorism to take legal action against the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) on American soil. The ruling, emerging from years of legal battles, marks a pivotal moment in the fight against terrorism and offers a beacon of hope to families seeking justice.
The Court’s decision is founded on the 2019 Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), a legislative measure passed by Congress specifically to provide terror victims with a pathway to hold perpetrators accountable. In its ruling, the Supreme Court highlighted that the PSJVTA directly names the PA and PLO, deeming them to have "consented to personal jurisdiction" when certain conditions are met under the Anti-Terrorism Act (ATA) of 1990.
These conditions include the PA and PLO’s controversial policy of compensating imprisoned terrorists and the families of deceased terrorists, a practice that has been widely condemned by U.S. lawmakers as incentivizing acts of terror. Additionally, the Court’s jurisdiction extends to the activities of these entities carried out on U.S. territory.
The ruling was primarily influenced by two cases. The first involved the tragic death of Ari Fuld, a dual American-Israeli citizen who was killed in a terrorist attack. Fuld's assailant's family benefited from the PA's "Pay for Slay" program, which financially rewards Palestinians involved in terror attacks. The second case represented 11 American families impacted by terror incidents in Israel between 2002 and 2004, who initially won a $655 million judgment against the Palestinian government. However, this decision was overturned by the 2nd U.S. Circuit Court of Appeals in New York, citing constitutional concerns.
The Supreme Court has now repudiated this view, asserting the constitutionality of the PSJVTA’s jurisdictional provisions. The ruling underscores the federal government’s power to implement jurisdictional rules that afford Americans affected by terrorism a proper forum to seek redress under the ATA.
Several violent incidents were part of the families’ litigation, including the 2002 Jaffa Road Shooting and the 2004 Bus No. 19 Bombing, both of which involved PA officers and resulted in numerous casualties. This Supreme Court decision thus reaffirms the right of terror victims’ families to pursue accountability and compensation from the PA and PLO in U.S. courts.
The ruling not only signifies a substantial legal triumph for the victims but also emphasizes Congress's intent to forge legal avenues for Americans harmed by foreign terrorist entities through specific legislative statutes like the PSJVTA.
Social media reactions underscored the historic nature of the ruling. Arsen Ostrovsky, an influential voice on Middle Eastern matters, hailed the decision as a "precedent-setting victory," expressing pride in contributing an amicus brief to the case.
