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U.S. Courts Open To Lawsuits Holding Foreign Powers Accountable

Saudi Arabian Crown Prince Mohammed bin Salman Al Saud attends an event on the day of the G20 summit in New Delhi, Sept. 9, 2023. (AP Photo/Evelyn Hockstein, Pool, File)

A recent ruling by a U.S. court has given two top associates of Saudi Crown Prince Mohammed bin Salman until early November to start turning over any evidence in a lawsuit from a former senior Saudi intelligence official. The official claims he survived a plot by the kingdom to silence him, alleging an assassination attempt in October 2018.

The lawsuit by the former Saudi intelligence official accuses Saudi Arabia of trying to assassinate him, a claim the kingdom denies. The lawsuit also implicates former royal court adviser Saud al-Qahtani, who has been sanctioned by the Biden administration over allegations related to the killing of journalist Jamal Khashoggi.

Legal experts and advocates note that recent court rulings indicate a shift towards U.S. courts being more open to lawsuits holding foreign governments accountable for rights abuses. This marks a departure from past decades when such cases were often dismissed.

The ruling in this case, along with several others, has raised hopes among rights groups and dissidents that U.S. courts may be more receptive to lawsuits accusing foreign governments and officials of abuses, even if the alleged wrongdoing occurred abroad.

The lawsuit alleges that the plot against the former Saudi intelligence official involved a hit team known as the 'Tiger Squad,' similar to the team implicated in Khashoggi's killing. The younger son and daughter of the official have been detained by Saudi Arabia in what the family claims is an attempt to pressure the father to return to the kingdom.

Efforts to sue Saudi officials and the kingdom over Khashoggi's and the official's cases have faced challenges, with courts citing sovereign immunity for Prince Mohammed under international law. However, recent court decisions have allowed the official to gather evidence to potentially proceed with the case in the U.S.

Legal experts view these developments as significant, indicating a renewed willingness by U.S. courts to entertain human rights cases against foreign governments and officials. The trend extends beyond Saudi Arabia, with cases involving China, Turkey, and India also making progress in U.S. courts.

The family of the former Saudi intelligence official emphasized that their lawsuit is not about seeking monetary compensation but rather about seeking justice for the official and advocating for the release of their detained family members.

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