Siderman
v.
Republic of Argentina
965 F.2d 699 (1992).
190
Handel
v.
Artukovic
601 F.Supp. 1421 (1985); 79 ILR, p. 397.
191
770 F.2d 202 (1985); 80 ILR, p. 586.
192
770 F.2d 206–7; 80 ILR, pp. 590–1.
193
34 ILM, 1995, p. 1592.
194
Ibid.
, p. 1600.
195
Ibid.
, pp. 1602–6.
196
Ibid.
, p. 1607.
j u r i s d i c t i o n
685
the Alien Tort Act or under the general federal question jurisdiction of
section 1331.
197
The Alien Tort Act was relied upon again in the
Amerada Hess
case
which concerned the bombing of a ship in international waters by Ar-
gentina during the Falklands war and where it was claimed that the federal
courts had jurisdiction under the Act. A divided Court of Appeals
198
held
that the Act provided, and the Foreign Sovereign Immunities Act did not
preclude,
199
federal subject-matter jurisdiction over suits in tort by aliens
against foreign sovereigns for violations of international law. However, the
Supreme Court unanimously disagreed.
200
It was noted that the Act did
not expressly authorise suits against foreign states and that at the time the
Foreign Sovereign Immunities Act was enacted, the 1789 Act had never
provided the jurisdictional basis for a suit against a foreign state.
201
Since
the Congress had decided to deal comprehensively with sovereign immu-
nity in the Foreign Sovereign Immunities Act, it appeared to follow that
this Act alone provided the basis for federal jurisdiction over foreign states.
This basis was thus exclusive. The Court did note, however, that the Alien
Tort Claims Act was unaffected by the Foreign Sovereign Immunities Act
in so far as non-state defendants were concerned.
202
In
Alvarez-Machain
v.
United States
, the accused in the case noted above
203
commenced an action
for compensation under the Act following his acquittal. The Court of Ap-
peals for the Ninth Circuit rejected the claim that the Act required that the
international law principle violated should also constitute a norm of
jus
cogens.
The Court also rejected the contention that the applicant could
sue for the violation of Mexican sovereignty implicit in his abduction.
However, it affirmed that the applicant’s rights to freedom of movement,
to remain in his country and to security of his person (which are part of
the ‘law of nations’) were violated, while his detention was arbitrary since
197
Ibid.
, pp. 1607–8. Note, however, that since the Antiterrorism and Effective Death Penalty
Act 1996 amending the Foreign Sovereign Immunities Act, an exception to immunity is
created with regard to states, designated by the Department of State as terrorist states,
which committed a terrorist act, or provided material support and resources to an indi-
vidual or entity which committed such an act, which resulted in the death or personal
injury of a US citizen.
198
Amerada Hess Shipping Corp.
v.
Argentine Republic
830 F.2d 421 (1987); 79 ILR, p. 8.
199
See below, chapter 13, p. 707.
200
Argentine Republic
v.
Amerada Hess Shipping Corp.
109 S. Ct. 683 (1989); 81 ILR, p. 658.
201
109 S. Ct. 689; 81 ILR, pp. 664–5.
202
109 S. Ct. 690. See also
Smith
v.
Libya
101 F.3d 239 (1996); 113 ILR, p. 534.
203
See above, p. 681.
686
i n t e r nat i o na l l aw
not pursuant to a Mexican warrant. Accordingly, compensation under the
Act could be claimed.
204
The Alien Tort Claims Act was further discussed by the Supreme Court
in
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