Sue The Saudis

lished Price of Terror (HarperCollins),
Even post-September, the kingdom
Philadelphia
has been unforthcoming about crack- "that's just not true."
ou have been engaged in an
In fact, the Foreign Sovereign
ing down on the flow of funds to
unfortunate spat with the
Immunities
Act of 1976 has permit-
jihad
groups.
It
has
not
cooperated
U.S. government over the
ted
Americans
to bring lawsuits
sincerely
with
the
U.S.
investigation,
money you deserve for your
against
any
foreign
state "in cases
preferring,
as
one
American
losses in connection with the
involving personal injury and death
official complains, to "drib-
Sept. 11 terrorist attacks on
as a result of the tortious conduct of
ble out a morsel of insignifi-
America, prompting anger all
a foreign state occurring in the
cant information one day at
around. Here's a solution:
United States," notes another inter-
a time."
forget Washington and focus
national legal expert, Leonard
on Riyadh.
Garment.
The Kingdom of Saudi
U.S.,
Saudi
Policies
For example, in 1980, one court
Arabia bears a heavy responsi-
ruled the Chilean government
That Saudi ideology, nation-
bility for the disaster. Osama
DAN IEL
responsible for a car bombing in
als and money play so large a
bin Laden, Al Qaida and the
PI PES
Washington, D.C. In 1989, another
role in the disaster has two
Taliban derived their radical
Spe cial
court ruled the Republic of China
important implications.
ideas mainly from the
Comm
entary First, the Saudis' own legal
(Taiwan) was not entitled to sover-
Wahhabi ideology that rules
eign
immunity in connection with an
code is largely based on com-
in Saudi Arabia. The king-
assassination
in California.
pensating
the
injured
party.
dom permitted the recruit-
In
theory,
then,
you can bring
(Hit
a
camel
with
your
car
ment of some 25,000 young
action
against
the
deep-pocketed
and
you
pay
compensation
to
the
fully
aware
of
wage
jihad,
Saudis to
Saudi government.
camel's owner; hit the camel's owner
the danger they posed to the United
But there's a catch.
and you pay his family.) Saudi laws
States. And 15 of the 19 suicide
The "Air Transportation Safety and
and traditions, in other words,
hijackers hailed from Saudi Arabia.
System Stabilization Act," rushed
require that the families of those
The Saudi royal family, and per-
into law on Sept. 22, offers you tax-
harmed on Sept. 11 be paid. You
haps also the government (the two
free funds, but only on condition
have
a
strong
moral
claim
on
the
are difficult to keep apart in a coun-
that you give up the right to sue.
Saudis.
try sometimes called the only family-
Accepting
government money means
Second,
you
also
have
a
good
legal
owned business with a seat at the
that each of you, according to this
basis to demand payment from the
United Nations), donated large sums
act, waives the right to file a civil
kingdom in a U.S. court. "Although
of money for years to bin Laden, AI
action (or be a party to an action) in
it is generally assumed that U.S. citi-
Qaida and the Taliban, and perhaps
any federal or state court for damages
zens can only sue governments that
arms as well.
the State Department officially deems sustained as a result of the terrorist-
related aircraft crashes of Sept. 11.
to be sponsors of terrorism," argues
Daniel Pipes is director of the Middle
In short, take money from the
Allan
Gerson,
an
international
law
East Forum. His e-mail address
"September
11th Victim
expert
and
author
of
the
just-pub-
pipes@MEForum.org

y

Compensation Fund of 2001" and
you forfeit the possibility of suing the
Saudis. Washington took this
unprecedented step mostly to protect
the airlines, the airports, the aircraft
manufacturers, the World Trade
Center owner and the City of New
York from going bankrupt.

Citizen Interference

But it also wanted to avert legal
actions against foreign states like
Saudi Arabia.
That's because State Department
poobahs hate it when citizens initiate
lawsuits against foreign governments,
which they dismiss as interference in
the high art of diplomacy. They'd
much rather extract $6 billion from
the American taxpayer than get Saudi
Arabia to pay up.
This is bad policy, and immoral,
too. You, the victims of Sept. 11,
should have your day in court to
prove Saudi responsibility and claim
whatever compensation you feel enti-
tled to.
Please think long and hard about
signing the waiver. Or, if you have
already signed it, consider withdraw-
ing your consent. The greatest service
you can render those murdered in
September is to establish accounta-
bility for their deaths.
Pressing civil actions for damages
enables you to do what your govern-
ment will not do. ❑

Perspectives on Israel: a continuing series

Israel incitement and anti-Jewish vit-
riol. He calls on those governments
to stop endorsing Palestinian terror-
ism by claiming it is something dif-
ferent from that of Al Qaida and
Osama bin Laden.
Ambassador Indyk has been hon-
ored by the Jewish National Fund
and the Baltimore Zionist District.
He has received an honorary doctor-
ate from the Hebrew Union College
in Jerusalem.
The ambassador's appearance on
March 7 will be a major event to
which the entire community is invit-
ed. We encourage your attendance. ❑

Reservations for the Ambassador
Indyk event are required. Call
(248) 203-1456.

a r.• "P:9". ,:i:Wr".WP.,, Z , V ,14>WP

r •

Is there a Right of Return?

he Jewish promised land, a land no larger
Israe tt han the state of New Jersey, supports a
population of approximately 6 million Jews and Arabs. With
another 2 million Palestinians now living in the Gaza Strip
and West Bank, Israel is one of the most densely packed and
hotly contested pieces of real estate on the face of the earth.

l 3

Is there a foundation in international law for a Palestinian
"right of return" to Israel? No. The Palestinian claims are
based on U.N. Resolution 194 of December 1948, which
states "refugees wishing to return to their homes and live at
peace with their neighbors should be permitted to do so at
the earliest practicable date."

This resolution is non-binding, inconsistent with current
conditions, and untenable given five wars and the refugees'

long-standing refusal to recognize Israel's right to exist. An
influx of millions of Palestinians into Israel would pose a
threat to Israel's national security, as well as destroy the idea
of Israel as the national homeland of Jews.

Working to resolve the Palestinian refugee problem has
been an accepted part of past negotiations. But it cannot
happen without compromise. And not without Arab accept-
ance of Israel's right to exist.

For additional Information on the Right of Return, go to
ml for "Myths and
www us-israel.org/js
Facts," by Mitchell G. Bard and www.israel-mfa.gov.il for
"Answers to Frequently Asked Questions," by the Israel Foreign
Ministry.

Jewish
Community

Colin cif/ ggnch7=14"4
To learn more about how you can become an effective Israel advocate, visit www.jewishcommunitycouncil.orq

2/22

2002

31

