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Friday, February 1, 2019

Federal court holds Syria liable to U.S. family for $300m in killing of journalist Marie Colvin

Syria owes more than $300m in wrongful death damages to the family of American journalist Marie Colvin, who was killed while working for the U.K. Sunday Times covering the siege of Homs in the Syrian civil war in 2012, the U.S. District Court for the District of Columbia ruled January 30, per U.S. District Judge Amy Berman Jackson (e.g., N.Y. Times).

The Assad regime did not answer the lawsuit, and the court entered judgment by default.  The claim arose under the state-sponsored terrorism exception to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1605A.  The exception was amended into the FSIA in 2008 to strengthen an earlier 1996 exception after claims against Iran faltered in enforcement.  Section 1605A spells out the existence of a private cause of action in federal law, irrespective of the vagaries of state tort law.  The court found that the Colvin family presented sufficient evidence to prove that Marie Colvin's death was an "extrajudicial killing," beyond the shield of FSIA immunity.  The law also excepts torture, aircraft sabotage, and hostage taking from FSIA immunity.

The case is furthermore noteworthy because the court awarded damages to Colvin's sister upon a liability theory of intentional infliction of emotional distress.  Typically in state law, actions alleging emotional distress inflicted on a "bystander" by the killing of a loved one fail for the plaintiff's inability to prove intent as to the suffering of the bystander.  However, in the Colvin case, the court reasoned that the very purpose of a terrorist attack is to inflict emotional suffering on third parties.

The court awarded the family $11,836 in funerary expenses and $300m in punitive damages, and awarded Colvin's sister $2.5m in damages for emotional suffering ("solatium").  Photojournalist Paul Conroy, who worked with Colvin and survived the Homs attack, told the BBC that the ruling is not about money, which the family likely will never see, but is important to de-legitimize the Assad regime in the community of nations.

Colvin's story is the subject of Under the Wire, a 2018 documentary film by Chris Martin, available on iTunes (trailer below), and A Private War, a 2018 dramatic film by Matthew Heineman (IMDb), starring Rosamund Pike, due for DVD/Blu-ray release on Amazon in February.  The screenplay derived from Marie Brenner's coverage of Colvin's life and death for Vanity Fair.



The case is Colvin v. Syrian Arab Republic, No.

1 comment:

  1. Many FSIA cases against Iran etc for years have permitted claims of non present family members

    ReplyDelete