JASTAJASTA exposes British soldiers, intelligence operatives to prosecution: U.K.
Britain has expressed concerns to the United States that the Justice against Sponsors of Terrorism Act (JASTA) legislation which President Barack Obama had vetoed but which has become law after Congress on Wednesday overrode his veto, could lead to the prosecution of British military and intelligence personnel in American courts – and by hostile regimes around the world. U.K. intelligence and security agencies, MI6 and MI5, have warned about the ramifications of JASTA, as it exposes British personnel to lawsuits by American lawyers attempting to prove that U.K.-based jihadists have been involved in terror plots against U.S. targets. Even more worrisome is the fact that the weakening of sovereign immunity could result in U.K. military and intelligence personnel facing legal action from hostile states.
Britain has expressed concerns to the United States that the Justice against Sponsors of Terrorism Act (JASTA) legislation which President Barack Obama had vetoed but which has become law after Congress on Wednesday overrode his veto, could lead to the prosecution of British military and intelligence personnel in American courts – and by hostile regimes around the world.
The legislation would allow the families of 9/11 attacks victims to sue foreign governments – specifically, Saudi Arabia – if these governments are found to have provided support to the 9/11 terrorists.
The Telegraph notes that the lawmakers who authored JASTA meant it to allow victims’ families to take legal action against Saudi Arabia, but the White House, concerned that JASTA would undermine the accepted norm of sovereign immunity — and would thus lead hostile states to take legal action against the U.S. and its allies, including Britain – vetoed the bill.
On Wednesday, Congress voted to override the presidential veto.
The long-established sovereign immunity principle in international law protects government officials and military personnel working overseas from prosecution by foreign states.
Weakening the principle of sovereign immunity, as JASTA does, is especially worrisome for the United States because the United States has fare greater presence in more countries than any other country. The sheer number of U.S. government officials – diplomats, military personnel, intelligence officers, aid workers, etc. – operating overseas make the weakening of sovereign immunity a significant risk for the United States.
The Telegraph reports that U.K. intelligence and security agencies, MI6 and MI5, have warned about the ramifications of JASTA, as it exposes British personnel to lawsuits by American lawyers attempting to prove that U.K.-based jihadists have been involved in terror plots against U.S. targets.
Even more worrisome is the fact that the weakening of sovereign immunity could result in U.K. military and intelligence personnel facing legal action from hostile states.
“No matter how well-intentioned this legislation might be, if it goes ahead it could pose a real threat to British personnel working in the military and the intelligence and security services,” said a senior Whitehall security official.
“Any attempt to interfere with the internationally recognized laws concerning sovereign immunity could result in the military and intelligence services receiving an avalanche of vexatious litigation from hostile regimes.”
The EU has already lodged a formal complaint with the State Department over JASTA.
A Downing Street official said the British government had “shared our concerns with them over the potential implications of the JASTA bill for international law, specifically the principles of state sovereignty and immunity.”
