The suit was filed on behalf of 100 Americans or their families seeking to hold the trio of countries responsible for “the deaths, physical and emotional injuries, and hostage-takings Hamas caused during its barbaric rampage.”
Such suits, the ADL noted, are often ignored by the countries targeted in the litigation.
But the effort is a potential pathway to secure compensation for victims through the Victims of State Sponsored Terrorism Fund, and it’s also a move by the ADL to create a “record of Hamas’ heinous brutality perpetrated with the support of these state sponsors of terrorism.”
“Iran is the world’s leading state sponsor of antisemitism and terror — along with Syria and North Korea, they must be held responsible for their roles in the largest antisemitic attack since the Holocaust. We are doing everything possible to hold Hamas terrorists and those who support them accountable, including putting all of ADL’s weight behind this effort,” Jonathan Greenblatt, the group’s CEO, said in a release.
While foreign governments are generally considered beyond the jurisdiction of U.S. courts, the terrorism exception to the Foreign Sovereign Immunities Act allows for courts to review whether countries should face civil damages in cases where they’ve sponsored attacks. Iran, North Korea and Syria are all designated state sponsors of terrorism under U.S. law.
Though the foreign governments typically do not respond, judges continue to weigh whether the plaintiffs have met the legal burden associated with proving their connection with terrorist activities.
“The lawsuit lays out clear, convincing evidence that Iran and Syria and North Korea all provided material support to Hamas that enabled the terrorist group to commit the atrocities that they committed on Oct. 7, including material support, tactical support, financial support,” James Pasch, ADL’s litigation director, told The Hill.
Pasch said plaintiffs will argue Iran, North Korea and Syria provided material, financial and tactical support to Hamas. The complaint filed to the court lays out long histories between these state sponsors of terrorism and Hamas, but also more recent cooperation surrounding the Oct. 7 attack.
It’s likely to be a low bar to clear, with Iran claiming Hamas as one of its proxy groups and part of its “axis of resistance.”
Where North Korea is concerned, an investigation by The Associated Press published in October said Hamas likely fired weapons produced by North Korea during its Oct. 7 assault. Pyongyang previously denied that it was linked to the attack.
Read the full report at TheHill.com.