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: JURIST - The Paper Chase

Second circuit rules Israeli ex-security chief accused in bombing cannot be sued in US

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The US Court of Appeals for the Second Circuit ruled Thursday that former Israeli security chief Avraham Dichter cannot be sued in the US because he is immune under traditional common law. The decision affirms the ruling of the US District Court for the Southern District of New York. Dichter faced suit by survivors of a 2002 Israeli bombing, the target of which was alleged Hamas leader Saleh Mustafah Shehadeh. Shehadeh was killed along with his wife and nine children when a bomb detonated in a densely populated section of Gaza City. Human rights groups have widely called the attack a war crime. The Second Circuit's ruling came as Israel rejected the UN Human Rights Council's proposed investigation into possible war crimes committed during the most recent Gaza conflict. The proposed investigation is the result of a report authored by UN Special Rapporteur Richard Falk that criticized Israel for failing to take adequate precautions to distinguish between civilians and combatants in their offensives in the region. Israel and the US are united in their condemnation of the report's alleged lack of objectivity.

Full post as published by JURIST - The Paper Chase on April 17, 2009 (boomark / email).