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Kadic v. Karadžić

United States Court of Appeals for the Second Circuit

70 F.3d 232 (2d Cir. 1995), cert. denied, 518 U.S. 1005 (1996)

Facts

In his capacity as president of the Bosnian-Serb republic within Bosnia-Herzegovina, Radovan Karadžić (defendant) commanded his troops to systematically commit heinous human rights violations against the people of Bosnia-Herzegovina. Kadic (plaintiff), a citizen of Bosnia-Herzegovina, brought this action against Karadžić under the Alien Tort Act in the United States District Court for the Southern District of New York to recover damages for the atrocities. Karadzic was personally served with the summons and complaint while he was physically present in the Southern District of New York as an invitee of the United Nations. Karadžić moved to dismiss the action on the grounds of insufficient service of process, lack of personal jurisdiction, and lack of subject-matter jurisdiction. The district court dismissed the case for lack of subject-matter jurisdiction. Kadic appealed to the United States Court of Appeals for the Second Circuit. Karadžić maintains that he is immune from service of process because he was in the United States as an invitee of the United Nations (U.N.).

Rule of Law

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Issue

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Holding and Reasoning (Newman, C.J.)

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