caffeine writes:
quote:
I find it very hard to believe that there was no possibility to ever sue a sovereign nation in the US prior to this law.
Sovereign immunity is complex. Within the US, the federal government cannot be sued unless it consents to it such as under the Federal Tort Claims Act. And even then, it has been limited: The Feres doctrine limits the reach of the Federal Tort Claims Act with respect to the military. That is, a Servicemember cannot sue the government for injuries sustained during military service. But even that has exceptions: If a civilian would have been injured if they were in the same position, then there is a claim. That's why the Soldiers cannot sue the government for the lack of armored vehicles when we invaded Iraq.
With regard to international law, sovereign immunity means countries can't sue each other except in very specific circumstances such as by entering into a contract.
This new law adds an exception to the Foreign Sovereign Immunities Act of 1976 which expressly disallows foreign countries from being sued in the US. It was invoked in 2008 when people tried to sue Saudi Arabia for the terrorist attacks. It's also been invoked regarding the sex abuse scandals of the Catholic Church.
So to your question: Yes, it was impossible to sue a sovereign nation in the US. Both US and international law prohibit it.
Until now for this reason. And if we can do it on our end, what's to prevent Japan from suing us for the atomic bomb? Or Iraq for our invasion?
Rrhain
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