Tag Archives: Israel

Case of the Day: Schermerhorn v. Israel

The Mavi Mamara
The Mavi Mamara, another ship in the flotilla. Credit: Free Gaza movement

The case of the day is Schermerhorn v. State of Israel (D.D.C. 2017). We first took a look in January 2016, and I’ve written about another case in the “Gaza flotilla lawfare” genre, Doğan v. Barak, too. David Schermerhorn were passengers on the Challenger I, a US-flagged vessel that took part in the 2010 attempt to break the Israeli naval blockade of Gaza. After the IDF stopped the ship, Schermerhorn and the others sued Israel in Washington for physical and emotional injuries, on theories of war crimes, false imprisonment, assault and battery, intentional infliction of emotional distress, and conversion. Israel moved to dismiss on grounds of foreign sovereign immunity.
Continue reading Case of the Day: Schermerhorn v. Israel

Case of the Day: Doğan v. Barak

Women holding "Boycott Israel" And Other Signs
Credit: Women’s Boat to Gaza

The case of the day is Doğan v. Barak (C.D. Cal. 2016). This is another case in the “Gaza flotilla lawfare” genre. I previously wrote about Schermerhorn v. Israel, where a motion to dismiss is yet to be decided. The Schermerhorn case is a FSIA case, because the defendant is Israel itself. In today’s case, the plaintiffs, Ahmet and Himet Doğan, both Turkish nationals, were the parents of Furkan Doğan, a US citizen who took part in the Gaza flotilla’s attempt to run the blockade of Gaza and who was killed in the fighting that occurred when the IDF boarded the flotilla vessels after they refused to turn back. They sued Ehud Barak, then Israel’s Minister of Defense, under the Alien Tort Statute, the Torture Victim Protection Act, and the Anti-Terrorism Act. Barak moved to dismiss, supported by the United States, which filed a suggestion of immunity.
Continue reading Case of the Day: Doğan v. Barak