ANDRES ESTRELLA – On September 9, 2016, just two days before the 15th anniversary of the 9/11 terrorist attacks, the United States House of Representatives, with little debate, passed a bill that would allow victims of the attacks, and their families, to sue Saudi Arabia.[1] President Obama vetoed the bill, titled Justice Against Sponsors of Terrorism Act (JASTA), on September 23rd. [2] With his veto, Obama warned that the bill would “undermine core U.S. interests” by, among other things, weakening the internationally accepted principle of sovereign immunity.[3] Nevertheless, Congress overwhelmingly voted to override the president’s veto with a 97 to 1 Senate vote and a 348 to 77 House vote on September 28, 2016. [4]
The new law allows the families of victims of terrorist attacks conducted on US soil to move forward with litigation against sponsors of these actions.[5] JASTA enables families of 9/11 victims to sue the government of Saudi Arabia for its involvement. [6] Fifteen of the Nineteen hijackers responsible for the attacks were Saudi Arabian nationals.[7] Saudi government officials and Saudi consulate employees in Southern California allegedly assisted three of the hijackers that lived in the area.[8]
However, JASTA has been met with resistance, both abroad and domestically. The Saudi Arabian Minister of Foreign Affairs information office released a statement saying that “[t]he enactment of the Justice Against Sponsors of Terrorism Act is of great concern to the communities of nations that object to the erosion of the principle of sovereign immunity.”[9] Additionally, many high-ranking U.S. officials fear this law will have consequences for the U.S.[10] Defense Secretary Ash Carter, in particular, is worried that reciprocal cases against U.S. foreign bases and facilities could subject the U.S. to monetary damages.[11]
Although seemingly good timing due to the 9/11 anniversary, the law could not have worse timing for geo-political concerns. Tension over the Syrian civil war is high.[12] As one of the U.S.’s key regional allies, some fear the Saudis could retaliate by withholding information.[13] How the Saudi’s will actually respond remains to be seen, but the uncertainty is not boding well.
___________________________________________________________________________________________________
[1] Richard Lardner, Congress Rebukes Obama, Overrides Veto of 9/11 Legislation,The Associated Press, (Sept. 28, 2016 5:57 PM), http://hosted.ap.org/dynamic/stories/U/US_CONGRESS_SAUDI_ARABIA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT.
[2] Julie Hirschfeld Davis, Obama Vetoes 9/11 Bill, but Congressional Override Is Expected, The New York Times, (Sept. 23, 2016,) http://www.nytimes.com/2016/09/24/us/politics/obama-veto-saudi-arabia-9-11.html.
[3] Barrack Obama, Veto Message From the President – S.2040, The White House, Office of the Press Secretary, (Sept. 23, 2016), https://www.whitehouse.gov/the-press-office/2016/09/23/veto-message-president-s2040.
[4] Kristina Peterson and Siobhan Hughes, Senate Overrides Obama’s Veto of Bill Allowing Terror Victims to Sue Foreign Governments, The Wall Street Journal, (Sept. 28, 2016, 7:47 PM), http://www.wsj.com/articles/senate-overrides-obamas-veto-of-bill-allowing-terror-victims-to-sue-foreign-governments-1475080281.
[5] Jennifer Steinhauer, Mark Mazzetti and Julie Hischfeld Davis, Congress Vote to Override Obama Veto on 9/11 Victims Bill, The New York Times, (Sept. 29, 2016), http://www.nytimes.com/2016/09/29/us/politics/senate-votes-to-override-obama-veto-on-9-11-victims-bill.html.
[6] David Smith, Congress Overrides Obama’s Veto of 9/11 Bill Letting Families Sue Saudi Arabia, The Guardian, (Sept. 29, 2016, 1:39 PM), https://www.theguardian.com/us-news/2016/sep/28/senate-obama-veto-september-11-bill-saudi-arabia.
[7] Id.
[8] NPR, Lawmakers in Congress Override Obama’s Veto of Sept. 11 Lawsuit Bill, (Sept. 29, 2016, 5:09 AM), http://www.npr.org/2016/09/29/495882751/lawmakers-in-congress-override-obamas-veto-of-sept-11-lawsuit-bill.
[9] Royal Embassy of Saudi Arabia, Information Office, Saudi Arabia Issues Statement on JASTA, PR Newswire, (Sept. 29, 2016, 5:35PM), http://www.prnewswire.com/news-releases/saudi-arabia-issues-statement-on-jasta-300336917.html.
[10] Jennifer Steinhauer, Mark Mazzetti and Julie Hischfeld Davis, Congress Vote to Override Obama Veto on 9/11 Victims Bill, The New York Times, (Sept. 29, 2016), http://www.nytimes.com/2016/09/29/us/politics/senate-votes-to-override-obama-veto-on-9-11-victims-bill.html.
[11] Aya Batrawy, Saudi Arabia Has Ways to Hit Back at 9/11 Lawsuit Effort, The Washington Post, (Sept 28, 2016), https://www.washingtonpost.com/politics/congress/saudi-arabia-has-ways-to-hit-back-at-911-lawsuit-effort/2016/09/28/663f9ba0-8597-11e6-b57d-dd49277af02f_story.html.
[12] The Associated Press, Russia Launches Civil Defense Drills Amid Tensions with US, The Associated Press, (Oct. 5, 2016 12:07 PM) http://hosted.ap.org/dynamic/stories/E/EU_RUSSIA_EMERGENCY_DRILLS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT.
[13] Richard Lardner, Congress Rebukes Obama, Overrides Veto of 9/11 Legislation, The Associated Press, (Sept. 28, 2016 5:57 PM), http://hosted.ap.org/dynamic/stories/U/US_CONGRESS_SAUDI_ARABIA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT.
