Saddam Hussein

Issues

The Foreign Sovereign Immunities Act ("FSIA") prevents foreign governments from being sued in courts of the United States. 28 U.S.C. § 1605(a)(7) creates an exception that allows US courts to hear cases involving foreign governments that sponsor terrorism. Alleged victims of Saddam Hussein's regime sued the current Iraqi government in federal court under this exception. However, due to the Emergency Wartime Supplemental Appropriations Act of 2003 ("EWSAA"), and the National Defense Authorization Act for Fiscal Year 2008 ("NDAA"), the issue of whether U.S. courts have subject-matter jurisdiction over those claims has come into question. Iraq argues that both the EWSAA and the NDAA make § 1605(a)(7)'s exception to sovereign immunity inapplicable to them. In both cases, the United States Court of Appeals for the District of Columbia ruled that in spite of the EWSAA and the NDAA, U.S. courts maintain subject-matter jurisdiction to hear claims brought against Saddam Hussein's regime. Iraq appealed both decisions, and the Supreme Court granted certiorari. The Supreme Court's decision will determine whether victims of Saddam Hussein's government may sue the current Iraqi government in U.S. courts. The outcome of this case will impact U.S.-Iraqi relations, U.S. efforts to rebuild and support the current Iraqi government, and the ability of victims of Saddam Hussein's regime to sue the current Iraqi government.

Questions as Framed for the Court by the Parties