JASTABritain faces U.S. legal claims as a result of new terror-sponsors law

Published 28 November 2016

Senior British political and military figures have warned that Britain faces a wave of legal claims from U.S. lawyers — and could even be taken to court by victims of ISIS follower Jihadi John. The warning comes in the wake of Congress passing the controversial Justice Against Sponsors of Terrorism Act (JASTA), which permits U.S.-based lawyers to sue foreign states for not doing enough to tackle terrorism, and limit terrorist activities by their citizens.

Senior British political and military figures have warned that Britain faces a wave of legal claims from U.S. lawyers — and could even be taken to court by victims of ISIS follower Jihadi John. The warning comes in the wake of Congress passing the controversial Justice Against Sponsors of Terrorism Act (JASTA), which permitsU.S.-based lawyers to sue foreign states for not doing enough to tackle terrorism, and limit terrorist activities by their citizens.

The letter, published today (Monday) in the Telegraph, is signed by twenty-one senior leaders, including Col. Tim Collins, Lord West, Sir Malcolm Rifkind, Lord Hain, and Lt. Gen. Sir Simon Mayall. The argue that the new law will undermine Britain’s collaborative counterterrorism work with the United States.

The Telegraph notes that President Barack Obama tried to veto the Bill, but was overridden by Congress and the bill became law on 28 September.

Saudi Arabia, which saw itself as the immediate target of the law because of the involvement of fifteen Saudi citizens in the 9/11 terrorist attacks – and allegations that Saudi officials helped at least two of the terrorists – has harshly criticized the law.

Saudi Arabia warned it would consider pulling its vast investments from the United States if it determined that they were in danger of being seized as a result of legal proceedings.

The letter said Britain may be forced to face American judges in American courts.

JASTA erodes the centuries old concept of sovereign immunity, giving U.S.-based lawyers the ability to sue foreign states, including allies such as the United Kingdom, on mere allegations of negligence in tackling terrorism,” the letter writers say.

“For example, action could be brought against the U.K. government by victims of Jihadi John for our failure to prevent him from travelling to Syria.

“The Act consequently encourages the use of ambulance chasing lawyers in America due to the large and diverse number of suits that can be brought against foreign governments.”

What began as a “noble endeavor to ensure victims of terror” can get justice has become a “threat to national sovereignty” that weakens international efforts to fight terrorism.

The letter continues: “The EU has warned that JASTA raises the “inherent danger of causing reciprocal action” from the legislatures of other nations. This puts at risk not only the U.S., but the U.K. as well as it opens up a Pandora’s Box of potential lawsuits that can come from anywhere.”