Bombings and other attacks committed by terrorist organizations can have devastating consequences for victims and their families. While members of terrorist organizations may face criminal prosecution in federal court or international tribunals, these proceedings generally do not provide meaningful justice for those who are living with the daily consequences of terrorist acts.
To seek justice, victims and families must pursue civil litigation in federal court.
Multiple federal statutes address American victims’ and families rights to pursue claims related to terrorist attacks and other acts of international terrorism. These statutes provide federal courts with jurisdiction over foreign states and other foreign parties that can be held directly or indirectly liable for terrorist activities; and, through these statutes, Congress has eliminated foreign sovereign immunity in many types of terrorism-related cases. As a result, not only can victims and families pursue claims against banks and other private entities in Afghanistan, Iran, Saudi Arabia, and other foreign countries around the world; but, in appropriate cases, they can pursue claims against the governments of these and other countries as well.
“While terror attacks and other acts of terrorism often have consequences on a global scale, the worst consequences are experienced by victims and their families. In the United States, Congress has enacted multiple laws that provide clear legal rights to victims who have been injured and families who have lost loved ones. This includes the right to pursue claims against foreign states, companies, and other persons that deserve to face liability.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden Law Group.
While these statutes provide a means for American victims and families to pursue liability claims involving physical injuries, psychological trauma, and death against foreign states and other entities that deserve to be held accountable, filing a successful claim presents a variety of challenges. As a result, experienced legal representation is essential. A lawyer who has experience handling international terrorism lawsuits will be able to aid in asserting victims’ and families’ legal rights, and will be able to pursue an appeal if necessary.
5 Key Facts About Pursuing Civil Litigation to Seek Justice for a Terrorist Attack or Another Act of International Terrorism
With these fundamental principles in mind, what do you need to know about filing a lawsuit related to a terrorist attack or another act of international terrorism in US federal court? Here are five key facts for victims and their families:
1. The Alien Tort Statute, Anti-Terrorism Act, and Other Federal Laws Provide Victims and Families with Clear Legal Rights
As we said above, multiple federal laws address victims’ and families’ rights to pursue claims related to terrorist attacks and other acts of terrorism in the US courts. While these laws are complex, they provide a clear path toward justice in cases in which legal action is authorized.
Some of the main federal laws that apply in cases involving terrorist attacks and other acts of international terrorism are:
Alien Tort Statute (ATS)
The Alien Tort Statute (ATS) authorizes lawsuits against private entities besides terrorist organizations that share liability for bombings, hijackings, and other acts of terrorism. As the Legal Information Institute (LII) explains, “[t]he ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort ‘committed in violation of the law of nations or of a treaty of the United States.’”
This means that victims and families can sue individuals, banks and other companies that provide funding and other forms of material support to terrorist organizations. While the federal circuits have split on whether the ATS authorizes claims against corporate entities, the U.S. Circuit Court of Appeals for Washington D.C. has held that "neither the text, history, nor purpose of the ATS supports corporate immunity for torts.”
Anti-Terrorism Act (ATA)
The Anti-Terrorism Act (ATA) allows victims and families to pursue civil claims for trauma and deaths caused “by reason of an act of international terrorism.” Under the ATA, American citizens and nationals can pursue claims against both individuals and organizations, and they can seek to recover treble damages plus their legal costs and attorneys’ fees. The ATA has played a significant rule in numerous terrorism-related cases in recent years, including cases involving the terrorist attacks on 9/11.
Foreign Sovereign Immunities Act (FSIA)
While the Foreign Sovereign Immunities Act (FSIA) provides broad immunity for foreign states against facing civil litigation in the US courts, it contains an exception for state sponsors of terrorism. As discussed below, the Justice Against Sponsors of Terrorism Act (JASTA) substantially expanded this exception to allow terrorism-related lawsuits against all foreign states. While the US government can intervene in these lawsuits in limited circumstances, in order to do so, it must be “engaged in good-faith discussions with the foreign state defendant concerning the resolution of the claims” at issue.
Justice Against Sponsors of Terrorism Act (JASTA)
Enacted by Congress in 2016, the Justice Against Sponsors of Terrorism Act (JASTA) significantly expands the circumstances in which victims and families can file lawsuits related to acts of terrorism against foreign states and other parties. With respect to foreign states, JASTA eliminates the restriction that previously existed under the FSIA prohibiting lawsuits against countries that have not been designated as state sponsors of terrorism. JASTA substantively expands victims’ and families’ rights as well, and the changes that Congress implemented through JASTA have led to a rise in terrorism-related lawsuits over the past decade.
2. Victims and Family Members Can Sue State Sponsors of Terrorism and Other Foreign States in Federal Court
With the enactment of JASTA, injured victims of terrorist attacks and American families who have lost loved ones can pursue claims against designated sponsors of terrorism and other foreign countries. This includes claims involving all types of violent, torturous, and dangerous terrorist activities. Under JASTA, not only can foreign states be held liable for directly providing material support to terrorist organizations, but they can also be held liable for aiding and abetting terrorist activities in the US and abroad. While the Supreme Court previously held that terrorism-related claims against foreign states were not authorized under the ATS, JASTA now expressly authorizes these types of cases.
3. Victims and Family Members Can Sue Foreign Banks and Other Private Parties in Federal Court
Along with the authority to sue foreign states in appropriate cases, victims and family members can also file lawsuits in America against banks and other private companies and persons that deserve to be held accountable for acts of international terrorism. In these cases, victims and families can seek damages for all of the losses they have endured as a result of their (or their loved one’s) ordeal, plus the damages they will need to cope with their financial and non-financial losses in the future. As noted above, treble damages (plus legal costs and attorneys’ fees) are available in some cases as well. If it appears that you have a claim, an experienced attorney will be able to assess how much you may be able to recover, and then you can use this information to decide whether you are prepared to move forward.
4. The US Supreme Court has Weighed in on Multiple Cases Involving Civil Litigation Related to Acts of International Terrorism
The US Supreme Court has weighed in on multiple cases involving civil litigation related to acts of terrorism in the US and abroad. As noted above, some of the Supreme Court’s decisions have been rendered moot by JASTA; however, we have also seen some more recent cases that provide important insights for victims, families, and their attorneys.
For example, in Fuld v. Palestine Liberation Organization (2025), the Supreme Court denied the Palestinian Authority’s and Palestine Liberation Organization’s argument that allowing victims of terror attacks to sue in US courts violates the US Constitution. As summarized by SCOTUSblog, the Supreme Court held that, “subject to a few narrow exceptions, the Palestinian Authority and the Palestine Liberation Organization ‘shall be deemed to have consented to personal jurisdiction’ in any civil case brought under the Anti-Terrorism Act, even when the act of terrorism occurred before the law was passed, if the two groups either make payments to terrorists in Israeli prisons who injured or killed a US national or the families of deceased terrorists who did such or engages in any activities within the United States.”
5. For American Victims of Terrorist Acts and Their Families, Talking to a Lawyer is the First Step Toward Fighting for Justice
For American victims and families who have questions about their legal rights related to the consequences of acts of terrorism, talking to a lawyer is the first step toward fighting for justice. As we said above, these are complex cases that require in-depth knowledge of the law. Law firms will generally handle these cases on a contingency-fee basis; and, when victims and families are entitled to recover their legal costs and attorneys’ fees, it costs nothing at all to hire an experienced lawyer to pursue legal action on your (or your family’s) behalf.
