Latest in Anti-Terrorism Legislation
The stories of Alisa Flatow and the Brothers to the Rescue are cautionary tales for what may transpire if the U.S. were to designate Russia a state sponsor of terrorism.
The U.S. District Court for the Southern District of New York has held that the 2019 Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”)—successor to the 2018 Anti-Terrorism Clarification Act—cannot subject the Palestinian Authority or Palestine Liberation Organization to the personal jurisdiction of federal courts for the purposes of terrorism-related civil liability, as the means by which it purports to secure their consent to such jurisdiction are in violation of the Fifth Amendment’s Due Process Clause.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s dismissal of a lawsuit over whether medical supply and manufacturing companies can be held liable under the federal Anti-Terrorism Act for deliveries of drugs and medical supplies in Iraq.
On Feb. 15, federal law enforcement arrested U.S.
President Donald Trump quietly signed the bipartisan Anti-Terrorism Clarification Act of 2018 (ATCA) into law on Oct. 3. Described as a “carefully balanced approach to better ensure victims’ access to compensation and hold supporters of terrorism accountable” by its principal author, Sen.
In late 2014, the General Court of the European Union (GC) annulled, on due process grounds, several measures that kept Hamas and the LTTE (Tamil Tigers) on the EU terrorism sanctions list.
Last month, the Israeli Knesset (Parliament) passed comprehensive legislation overhauling domestic counterterrorism authorities. When it enters into force in November, the new Counterterrorism Law will replace or amend a host of existing criminal and administrative measures, some dating back to the British Mandate.
On Friday, February 19, the Constitutional Council upheld two articles of the state-of-emergency law—meeting bans and warrantless searches—as constitutional, but struck down a provision allowing the police to copy data when conducting such searches. Separately, the French Parliament extended the state of emergency through the end of May.
The National Assembly voted this week to adopt an amendment that would enshrine the state of emergency in the French Constitution and extend denaturalization to dual-nationals born in France who are convicted of terrorism.
The vote in the National Assembly was 317 for, 199 against, with 55 abstentions. The Senate is expected to take up the bill in mid-March—for constitutional reforms, a four-week delay is required between reviews by each house.
On December 27, China’s National People’s Congress passed the country’s much-debated anti-terrorism legislation.