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1995 | Kadic v. Karadzic: Opinion of 2nd Circuit re: Subject Matter Jurisdiction US Court of Appeals for the Second Circuit, Docket Nos 94-9035, -9069, Decision of October 13 1995

After detailed consideration of the scope of the US Alient Tort Claims Act, of possible State immunities and of the Affairs of State doctrine, the United States Court of Appeals held, in this highly significant decision, that none of the above posed an obstacle to jurisdiction before a US Court. It concluded that: “subject matter jurisdiction exists, that Karadzic may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process.” The Court thus reversed the decision of the lower court. Read the Decision here.