OWENS v. REPUBLIC OF SUDAN

No. 14-5105, Consolidated with 14-5106, 14-5107, 14-7124, 14-7125, 14-7127, 14-7128, 14-7207, 16-7044, 16-7045, 16-7046, 16-7048, 16-7049, 16-7050, 16-7052.

864 F.3d 751 (2017)

James OWENS, et al., Appellees v. REPUBLIC OF SUDAN, Ministry of External Affairs and Ministry of the Interior of the Republic of the Sudan, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 2017.


Attorney(s) appearing for the Case

Christopher M. Curran argued the cause for appellants. With him on the briefs were Nicole Erb , Claire A. DeLelle , and Celia A. McLaughlin . Bruce E. Fein , Washington, DC, entered an appearance.

Stuart H. Newberger and Matthew D. McGill argued the causes for appellees James Owens, et al. With them on the brief were Clifton S. Elgarten , Aryeh S. Portnoy , Emily Alban , John L. Murino , Jonathan C. Bond , Michael R. Huston , Steven R. Perles , Edward B. MacAllister , John Vail , Thomas Fortune Fay , Jane Carol Norman , Michael J. Miller , and David J. Dickens . Annie P. Kaplan , John D. Aldock , Washington, DC, and Stephen A. Saltzburg , entered appearances.

Before: Henderson and Rogers, Circuit Judges, and Ginsburg, Senior Circuit Judge.


Table of Contents

I. Background 762

A. The FSIA Terrorism Exception 763

B. History of this Litigation 765

II. Extrajudicial Killings 769

A. Textual Arguments 770

1. State action requirements under international law 770

2. International law and the TVPA 772...

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