Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

twodot posted:

No, perhaps you could provide a quote where they say "white male conservatives are the most prosecuted group in America"? Otherwise, it seems like standard otherizing.

Here you go. That's pretty close, with a minute's googling.

Adbot
ADBOT LOVES YOU

Unzip and Attack
Mar 3, 2008

USPOL May

twodot posted:

No, perhaps you could provide a quote where they say "white male conservatives are the most prosecuted group in America"? Otherwise, it seems like standard otherizing.

Just out of curiosity, what do you think the Venn Diagram of white males who believe the following looks like?

"If you support BLM you are simply a racist. Period."

"white male conservatives are the most persecuted group in America"

Unzip and Attack fucked around with this message at 21:54 on Dec 1, 2016

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


Unzip and Attack posted:

Just out of curiosity, what do you think the Venn Diagram of people who believe the following looks like?

"If you support BLM you are simply a racist. Period."

"white male conservatives are the most persecuted group in America"

Schizotek
Nov 8, 2011

I say, hey, listen to me!
Stay sane inside insanity!!!

What a charming person.

Number Ten Cocks
Feb 25, 2016

by zen death robot

Schizotek posted:


What a charming person.

If he were charming he'd be able to sell it, obvs.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

twodot posted:

No, perhaps you could provide a quote where they say "white male conservatives are the most prosecuted group in America"? Otherwise, it seems like standard otherizing.

Couldn't find that quote, but I did find a editorial he wrote comparing having to take photos for a same-sex wedding to rape.

http://townhall.com/columnists/mikeadams/2016/08/18/rape-wins-n2206755

And accusing BLM of targeting speakers because they're white instead of the subject matter of the speeches.

http://townhall.com/columnists/mikeadams/2016/07/15/silencing-whitey-n2192787

Then there was his column about the College Republican club he was advising having to include a non-discrimination clause and a "we will follow the rules and laws" clause in their constitution for campus recognition. Clauses that were required for every organization on campus.
http://townhall.com/columnists/mikeadams/2003/11/19/college_republicans_banned_from_campus
Original Story: http://www.popecenter.org/2003/12/uncw-faculty-accuse-college-republicans-of-fighting-for-right-to-discriminate/

Sounds like a really stand up guy.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Discendo Vox posted:

Here you go. That's pretty close, with a minute's googling.
Please quote the "white male conservatives are the most prosecuted group in America" part.

Unzip and Attack posted:

Just out of curiosity, what do you think the Venn Diagram of white males who believe the following looks like?

"If you support BLM you are simply a racist. Period."

"white male conservatives are the most persecuted group in America"
I don't know, if you think this is an important stat, why not run a poll and get the crosstabs?

kelvron posted:

Couldn't find that quote, but I did find a editorial he wrote comparing having to take photos for a same-sex wedding to rape.

http://townhall.com/columnists/mikeadams/2016/08/18/rape-wins-n2206755

And accusing BLM of targeting speakers because they're white instead of the subject matter of the speeches.

http://townhall.com/columnists/mikeadams/2016/07/15/silencing-whitey-n2192787

Then there was his column about the College Republican club he was advising having to include a non-discrimination clause and a "we will follow the rules and laws" clause in their constitution for campus recognition. Clauses that were required for every organization on campus.
http://townhall.com/columnists/mikeadams/2003/11/19/college_republicans_banned_from_campus
Original Story: http://www.popecenter.org/2003/12/uncw-faculty-accuse-college-republicans-of-fighting-for-right-to-discriminate/

Sounds like a really stand up guy.
Still looking for that quote, no one is disputing that they are a bad person.

Harold Fjord
Jan 3, 2004

twodot posted:

Please quote the "white male conservatives are the most prosecuted group in America" part.

I don't know, if you think this is an important stat, why not run a poll and get the crosstabs?

Still looking for that quote, no one is disputing that they are a bad person.

There probably isn't one. Get to whatever stupid point you want to make

It's not out of line to suggest a known racist has other racist beliefs

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Nevvy Z posted:

There probably isn't one. Get to whatever stupid point you want to make

It's not out of line to suggest a known racist has other racist beliefs
It is out of line, there are all sorts of racist beliefs, stick to accusing racists of the beliefs you can actually demonstrate.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

twodot posted:

It is out of line, there are all sorts of racist beliefs, stick to accusing racists of the beliefs you can actually demonstrate.

Ok.

http://townhall.com/columnists/mikeadams/2013/08/22/inclusion-means-excluding-white-males-n1670014

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things
You keep posting articles when I asked for quotes, I'm not seeing any of these words in there "most prosecuted" or "conservative". Like I realize this is a tough burden to meet, but I'm not the one making specific allegations.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

twodot posted:

It is out of line, there are all sorts of racist beliefs, stick to accusing racists of the beliefs you can actually demonstrate.

"Well this guy didn't explicitly say X did he? No? He just inferred it while saying a bunch of poo poo that is in line with believing X? Well I guess since he didn't say it specifically he can't be said to believe it. Checkmate. :smuggo:"

Whether you realize it or not, this is what your argument is right now.

Platystemon
Feb 13, 2012

BREADS
Just so we’re clear on how far you can take this logic:

Hitler never gave an explicit, written order for the Holocaust.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Evil Fluffy posted:

"Well this guy didn't explicitly say X did he? No? He just inferred it while saying a bunch of poo poo that is in line with believing X? Well I guess since he didn't say it specifically he can't be said to believe it. Checkmate. :smuggo:"

Whether you realize it or not, this is what your argument is right now.
No one will actually give me a quote to infer that from, and I'm not going to deeply read a bunch of articles by some dumb racist to sift them for their crypto-beliefs, I'm surprised posters are even driving traffic to them rather than just saying "Yeah, whoops, I don't have specific evidence that was true". So yeah I think the burden of proof is still on people making the assertion.

Kawasaki Nun
Jul 16, 2001

by Reene

twodot posted:

No, perhaps you could provide a quote where they say "white male conservatives are the most prosecuted group in America"? Otherwise, it seems like standard otherizing.

Its a fairly short piece, perhaps you could read it? I don't do alot of twitter embedding or linking of images because I don't really know how to. If you want an exact quote containing what what said, it simply isn't there. Perhaps you should take action for a poster breaking their guarantee!!! What a pointless and stupid derail. The title of his piece is "Inclusion means excluding white males" Does this not qualify?

Edit: How would this guys conduct jive with the NC disorderly conduct law? Seems like provoking language through and through designed to breach the peace

Kawasaki Nun fucked around with this message at 00:53 on Dec 2, 2016

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

twodot posted:

You keep posting articles when I asked for quotes, I'm not seeing any of these words in there "most prosecuted" or "conservative". Like I realize this is a tough burden to meet, but I'm not the one making specific allegations.

I'm pretty sure no one said that he actually said "white male conservatives are the most persecuted group in America", only that he holds that belief. He doesn't have to say those magic words to hold that belief. Lacking that, showing a pattern of behavior, such as complaining about the lack of white males on an inclusion committee or fighting to exclude a required anti-discrimination clause from a conservative group's constitution can be evidence for that belief.

Schizotek
Nov 8, 2011

I say, hey, listen to me!
Stay sane inside insanity!!!
twodot is just doing the nitpicky fishmech bullshit, except failing because fishmech is probably sincere (or just more intelligent and subtle than twodot). Arguing with fishmech is an embarassing flaw that we've all fallen prey to on occasion. This is just dumb.

Unzip and Attack
Mar 3, 2008

USPOL May

kelvron posted:

I'm pretty sure no one said that he actually said "white male conservatives are the most persecuted group in America", only that he holds that belief. He doesn't have to say those magic words to hold that belief. Lacking that, showing a pattern of behavior, such as complaining about the lack of white males on an inclusion committee or fighting to exclude a required anti-discrimination clause from a conservative group's constitution can be evidence for that belief.

His actual stance is: "show me the exact quote" so it's probably best to just ignore and move on.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

Unzip and Attack posted:

His actual stance is: "show me the exact quote" so it's probably best to just ignore and move on.

I figured as much, still wanted to put in more effort than twodot.

On a completely new subject, the Justice Against Sponsors of Terrorism Act has already borne fruit.

http://www.cnn.com/2016/10/01/politics/saudi-arabia-9-11-lawsuit/

Article posted:

Stephanie DeSimone was two months pregnant when her husband, Navy Cmdr. Patrick Dunn, was killed at the Pentagon on September 11, 2001.

Now, 15 years later -- and two days after Congress legally paved the way -- she's filed a lawsuit against Saudi Arabia, claiming the kingdom is partially responsible for his death.

In court documents filed Friday in Washington, D.C., DeSimone alleges Saudi Arabia provided material support to al Qaeda for more than a decade and was aware of the terror group's plan to attack the US.

"Absent the support provided by the Kingdom, al Qaeda would not have possessed the capacity to conceive, plan, and execute the September 11th attacks," the documents say.

The lawsuit alleges that the plaintiffs -- which include DeSimone's daughter -- suffered "severe and permanent personal injuries" and are seeking unspecified compensation.

The documents go on to allege Saudi Arabia, through agents and purported charities, provided al Qaeda members with financial and other logistical support to carry out the attacks.

Complaint is here: https://www.scribd.com/document/326074287/Saudi-Lawsuit

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Unzip and Attack posted:

His actual stance is: "show me the exact quote" so it's probably best to just ignore and move on.
It's "show me a quote that implies it or says it" if you don't have such a quote then do move on, because you can't substantiate your argument. For instance, "Inclusion means excluding white males" even in the best case you can't make any conclusions about conservatives, never mind the fact that excluding white males in no ways implies they're the most prosecuted group in America. There's no way anyone here would accept such weak evidence against anyone they agreed with.
Edit:
Seriously post a quote, not an article, just a quote that you think is evidence that they believe "white male conservatives are the most prosecuted group in America"

twodot fucked around with this message at 02:22 on Dec 2, 2016

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


twodot posted:

It's "show me a quote that implies it or says it" if you don't have such a quote then do move on, because you can't substantiate your argument. For instance, "Inclusion means excluding white males" even in the best case you can't make any conclusions about conservatives, never mind the fact that excluding white males in no ways implies they're the most prosecuted group in America. There's no way anyone here would accept such weak evidence against anyone they agreed with.
Edit:
Seriously post a quote, not an article, just a quote that you think is evidence that they believe "white male conservatives are the most prosecuted group in America"

Why do you care so much, is this your father?

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

duz posted:

Why do you care so much, is this your father?
I'm way tired of otherwise right thinking people thinking otherization becomes good against bad people. And no this is isn't "you must be tolerant of intolerance", being intolerant of bad people is good! But engage with what the bad people are actually saying, and not what your fantasy straw man would say.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

twodot posted:

It's "show me a quote that implies it or says it" if you don't have such a quote then do move on, because you can't substantiate your argument. For instance, "Inclusion means excluding white males" even in the best case you can't make any conclusions about conservatives, never mind the fact that excluding white males in no ways implies they're the most prosecuted group in America. There's no way anyone here would accept such weak evidence against anyone they agreed with.
Edit:
Seriously post a quote, not an article, just a quote that you think is evidence that they believe "white male conservatives are the most prosecuted group in America"

I showed writings where he expressed the belief that white males are highly persecuted in America, and conservatives are highly persecuted in America.

And while he may never have flat out stated the magical phrase "white, conservative, males", assuming that those sets somehow cancel out when they overlap is ludicrous.

I didn't think having to read a few thousand words would be such a huge deal.

And you keep saying "prosecuted". Repeatedly. Unzip and I have both been using the word "persecuted". Are you deliberately misquoting us?

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

kelvron posted:

I figured as much, still wanted to put in more effort than twodot.

On a completely new subject, the Justice Against Sponsors of Terrorism Act has already borne fruit.

http://www.cnn.com/2016/10/01/politics/saudi-arabia-9-11-lawsuit/


Complaint is here: https://www.scribd.com/document/326074287/Saudi-Lawsuit

Yikes, I wonder how the Trump administration will deal with this mess. No, really, I have no idea how the Trump administration would deal with something as complex and messy as this poorly considered break in conventions of international law. A competent president would have trouble with all the problems this can create.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Declare an emergency under the International Emergency Economic Powers Act, dismiss all claims against Saudi Arabia. Might be more steps but I never bothered to read all of Dames & Moore v Reagan.

Brute Squad
Dec 20, 2006

Laughter is the sun that drives winter from the human race

I take it back, turns out there are three now.

DeSimone v. Kingdom of Saudi Arabia
McCarthy et al. v. The Kingdom of Saudi Arabia
Bowrosen et al. v. The Kingdom of Saudi Arabia

http://www.law360.com/articles/863207/9-11-victims-face-tough-path-to-prove-saudi-claims

It might get narrowed, but lol:
http://www.politico.com/story/2016/11/graham-mccain-saudi-arabia-911-232026

Raenir Salazar
Nov 5, 2010

College Slice
Was it passed with some legal loop hole in mind where "Yeah this will actually never bear fruit, sorry, you're out of luck! Bye!" was the actual legal thought process of the Congress criters in question or does this actually legitimately allow a law suit to come forward, will go to court unless the Saudi's settle, and compels the President/government to do something about it since it passed Congress?

Or is it "Technically you can sue Saudi Arabia in US courts" but it doesn't have any provisions to seek recompense?

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

Raenir Salazar posted:

Was it passed with some legal loop hole in mind where "Yeah this will actually never bear fruit, sorry, you're out of luck! Bye!" was the actual legal thought process of the Congress criters in question or does this actually legitimately allow a law suit to come forward, will go to court unless the Saudi's settle, and compels the President/government to do something about it since it passed Congress?

Or is it "Technically you can sue Saudi Arabia in US courts" but it doesn't have any provisions to seek recompense?

My understanding is no one knows what will happen! The congresspeople behind it appear to be actual Saudi conspiracy theorists.

Bueno Papi
May 10, 2009
Good thing Trump's pick for WH Counsel is competent.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Raenir Salazar posted:

Was it passed with some legal loop hole in mind where "Yeah this will actually never bear fruit, sorry, you're out of luck! Bye!" was the actual legal thought process of the Congress criters in question or does this actually legitimately allow a law suit to come forward, will go to court unless the Saudi's settle, and compels the President/government to do something about it since it passed Congress?

Or is it "Technically you can sue Saudi Arabia in US courts" but it doesn't have any provisions to seek recompense?

It waives immunity, so it could waive the immunity that would protect Saudi governmental property for being seized to satisfy a judgment. Said property would likely have to be outside of the embassy, so maybe some over zealous plaintiff will try to seize a jet or a car or something.

First someone is going to have to prove that the Saudi government itself intentionally supported the 9/11 attacks. Good luck

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

EwokEntourage posted:

First someone is going to have to prove that the Saudi government itself intentionally supported the 9/11 attacks. Good luck

By "prove", you mean "convince a US jury," right?

I'm pretty sure if you file in Texas and then tell the jury Saudis are Muslims that will be enough.

The MUMPSorceress
Jan 6, 2012


^SHTPSTS

Gary’s Answer

ulmont posted:

By "prove", you mean "convince a US jury," right?

I'm pretty sure if you file in Texas and then tell the jury Saudis are Muslims that will be enough.

There is this thing called "appeals".

VitalSigns
Sep 3, 2011

I still don't get this bill.

Is this one of those things where the Republicans just assumed they would lose the Presidency and they could just blame all the consequences on Hillary so they went ahead and overrode Obama's veto?

Seems like a win-win: if she seizes Saudi property to pay judgments you get to blame any retaliation on her weakness or w/e, if she doesn't then she hates 9/11 widows and America. Pretty good deal unless you accidentally win an election and have to govern.

See also: sabotaging Obamacare in the courts.

Dead Reckoning
Sep 13, 2011

ulmont posted:

By "prove", you mean "convince a US jury," right?

I'm pretty sure if you file in Texas and then tell the jury Saudis are Muslims that will be enough.

LeftistMuslimObama posted:

There is this thing called "appeals".
It doesn't matter, because no sovereign is going to set the precedent of appearing before a domestic court. Even if some slack-jawed judge enters a summary judgement against Saudi Arabia, they can count on it being totally unenforceable.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

LeftistMuslimObama posted:

There is this thing called "appeals".

Appeals from Texas go first to the same 5th Circuit court that upheld the nationwide injunction against Obama's immigration program and then to a Supreme Court with one more conservative member than the Supreme Court that split 4-4 on DACA when it came to them.

Also, there is a big gap between "I think this jury got it wrong when they found X" and "I am convinced that no reasonable jury, on this evidentiary record that I was not part of making, could have found X"

Dead Reckoning posted:

It doesn't matter, because no sovereign is going to set the precedent of appearing before a domestic court. Even if some slack-jawed judge enters a summary judgement against Saudi Arabia, they can count on it being totally unenforceable.

"Totally unenforceable", you say, like Saudi Arabia has no assets in the United States to execute against. Even Libya had US assets tied up in court for decades after the Lockerbie bombing.

EDIT: prior to that bill passing, Saudi Arabia was threatening to sell off $750 billion in US assets. Even if that is overstated by a factor of 100, that's still $7.5 billion to recover.
http://www.nytimes.com/2016/04/16/world/middleeast/saudi-arabia-warns-ofeconomic-fallout-if-congress-passes-9-11-bill.html

The Iron Rose
May 12, 2012

:minnie: Cat Army :minnie:

EwokEntourage posted:

It waives immunity, so it could waive the immunity that would protect Saudi governmental property for being seized to satisfy a judgment. Said property would likely have to be outside of the embassy, so maybe some over zealous plaintiff will try to seize a jet or a car or something.

First someone is going to have to prove that the Saudi government itself intentionally supported the 9/11 attacks. Good luck

The United States government doesn't have the power to waive the sovereign immunity of another country. It's not a matter of it being unconstitutional, but state immunity (not sovereign immunity) is customary international law.

The KSA would have to voluntarily waive their state immunity in order not only for any enforcement mechanism to go forwards but in order for a legally valid decision to be rendered. In other words, no domestic court has the jurisdiction.

This is all besides the fact that even if you could somehow prove the involvement of the KSA, prosecution or redress from individuals who aided Al Qaeda in 9/11 (if at all substantiated) would fail due to rationae materiae, or, if still in office, rationae personae. Check out Kazemi Estate v. Islamic Republic of Iran, 2014 SCC 62 for a somewhat similar case on that.

In any event, broader relevant caselaw referring to state immunity is of course Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). Give it a read, it's pretty interesting.

So setting aside issues of international relations and precedent setting and enforcing a judgement, the whole thing, on a legal basis, doesn't matter in the slightest. The Bill as written is legally meaningless. Suing a foreign state in U.S. domestic courts is quite simply impossible. Even suing individuals wouldn't work, and the Pinochet Case doesn't apply here due to the lack of a CAT equivalent. Torture may not be state action due to customary international law, but war crimes absolutely can be.

The Iron Rose fucked around with this message at 06:17 on Dec 2, 2016

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Foreign countries have already appeared in US courts.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

The Iron Rose posted:

The United States government doesn't have the power to waive the sovereign immunity of another country. It's not a matter of it being unconstitutional, but state immunity (not sovereign immunity) is customary international law.

The KSA would have to voluntarily waive their state immunity in order not only for any enforcement mechanism to go forwards but in order for a legally valid decision to be rendered. In other words, no domestic court has the jurisdiction.

This is all besides the fact that even if you could somehow prove the involvement of the KSA, prosecution or redress from individuals who aided Al Qaeda in 9/11 (if at all substantiated) would fail due to rationae materiae, or, if still in office, rationae personae. Check out [url=https://scc-csc.lexum.com/scccsc/scc-csc/en/item/14384/index.doKazemi Estate v. Islamic Republic of Iran, 2014 SCC 62[/url] for a somewhat similar case on that.

In any event, broader relevant caselaw referring to state immunity is of course Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). Give it a read, it's pretty interesting.

The US absolutely has a right to waive another country's sovereign immunity as it applies to American courts. Its a statutory right. 28 U.S.C. 1605 lists a bunch of exceptions to this right.

28 U.S.C 1602 posted:

The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.

Also, a supreme court case from Canada, and a ICJ case are not precedent in American courts.

The Iron Rose
May 12, 2012

:minnie: Cat Army :minnie:

EwokEntourage posted:

The US absolutely has a right to waive another country's sovereign immunity as it applies to American courts. 28 U.S.C. 1605 lists a bunch of exceptions

Also, a supreme court case from Canada, and a ICJ case are not precedent in American courts.

Neither are binding, and ICJ cases themselves are decided on a case by case basis; previous decisions can be used for informative value, but you're right that they're not precedent in American courts. I was using those cases for illustrative purposes to demonstrate what the international law in regards to the matter is.

Nonetheless, state immunity is customary international law. If the United States decided to enforce the judgement, the KSA would respond through the ICJ - and they'd win.

I'm not arguing about U.S. domestic law. I'm saying that the United States can pass whatever laws it wants, but it doesn't matter because international law in this regard is settled.

Now the United States could refuse to accept the jurisdiction of the ICJ, but the ICJ ruled in US v. Nicaragua that, in case of doubt, the United Nations Charter provides the ability for the Court itself to decide whether or not it has jurisdiction, and that every member of the United Nations undertakes to comply with the decision of the Court.

Now the United States could obviously just decide not to pay the fine or remand Saudi property back to their owners, but that's an issue of enforcement, not legal correctness.

E: The Security Council could mandate that the United States pay the fine, but the U.S. has veto power so that'd obviously go nowhere. Still, it's a mechanism for enforcement for the ICJ, if one obviously hamstrung in this case.

The Iron Rose fucked around with this message at 06:31 on Dec 2, 2016

Adbot
ADBOT LOVES YOU

Kawasaki Nun
Jul 16, 2001

by Reene

The Iron Rose posted:

The United States government doesn't have the power to waive the sovereign immunity of another country. It's not a matter of it being unconstitutional, but state immunity (not sovereign immunity) is customary international law.

The KSA would have to voluntarily waive their state immunity in order not only for any enforcement mechanism to go forwards but in order for a legally valid decision to be rendered. In other words, no domestic court has the jurisdiction.

This is all besides the fact that even if you could somehow prove the involvement of the KSA, prosecution or redress from individuals who aided Al Qaeda in 9/11 (if at all substantiated) would fail due to rationae materiae, or, if still in office, rationae personae. Check out Kazemi Estate v. Islamic Republic of Iran, 2014 SCC 62 for a somewhat similar case on that.

In any event, broader relevant caselaw referring to state immunity is of course Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). Give it a read, it's pretty interesting.

So setting aside issues of international relations and precedent setting and enforcing a judgement, the whole thing, on a legal basis, doesn't matter in the slightest. The Bill as written is legally meaningless. Suing a foreign state in U.S. domestic courts is quite simply impossible. Even suing individuals wouldn't work, and the Pinochet Case doesn't apply here due to the lack of a CAT equivalent. Torture may not be state action due to customary international law, but war crimes absolutely can be.

If its so meaningless and unenforceable then why is the KSA bothering to threaten retaliation and making statements about it?

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply