Kadic v. Karadžić
United States Court of Appeals for the Second Circuit
70 F.3d 232 (1995)
- Written by John Waller, JD
Facts
As president of the self-proclaimed Bosnian-Serb republic within Bosnia-Herzegovina, Radovan Karadžić (defendant) commanded troops to systematically commit human-rights violations against the people of Bosnia-Herzegovina. Two groups of impacted citizens of Bosnia-Herzegovina (the citizens) (plaintiffs) sued Karadžić for damages in the United States District Court for the Southern District of New York. They asserted various causes of action, including genocide, war crimes, and torture, and argued that the Alien Tort Act gave the court subject-matter jurisdiction. Karadžić was personally served with the summons and complaint for each action while physically in Manhattan as an invitee of the United Nations. He was outside the headquarters district, an area near the United Nations’ headquarters subject to special rules. Karadžić moved to dismiss the suits, arguing, among other things, that the district court lacked subject-matter jurisdiction and personal jurisdiction. The district court granted dismissal for lack of subject-matter jurisdiction. The citizens appealed.
Rule of Law
Issue
Holding and Reasoning (Newman, C.J.)
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