[20210205]LSB10563_最高法院两起案件测试对大屠杀损害外国主权豁免的限制.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Two Supreme Court Cases to Test Limits on Foreign Sovereign Immunity for Holocaust Harms Updated February 5, 2021 UPDATE: On February 3, 2021, the Supreme Court issued unanimous opinions in Germany and Hungary, holding that the Foreign Sovereign Immunities Act (FSIA) does not permit claims against foreign governments for “taking” property from their own citizens, even if the taking occurred as part of a genocide or other human rights violation. The Court agreed with Germany that the FSIAs expropriation exception incorporated the international law of propertywhich excludes purely domestic takings. The Court reasoned that the domestic takings rule does not implicate the law of genocide or human rights, and, as such, the expropriation exception does not apply. The Court did not address the comity question, nor did it address the factual dispute over whether an act of genocide took place. Instead, the Court remanded this case, as well as the Hungary case, for further proceedings consistent with its FSIA holding. The original post from December 16, 2020, is below. In two cases this term, Repu