Matar v. Dichter

Synopsis

Matar v. Dichter is a federal class action lawsuit against Avi Dichter, former Director of Israel’s General Security Service (GSS), on behalf of the Palestinians who were killed or injured in a 2002 “targeted assassination” air strike in Gaza.

Status

On May 2, 2007, Judge William Pauley of the Southern District dismissed the case, finding that Dichter possesses immunity under the Foreign Sovereign Immunities Act (FSIA) because, according to the Israeli government, he was acting in the course of his official duties. Plaintiffs filed their notice of appeal on June 14, 2007 and appellate briefing before the United States Court of Appeals for the Second Circuit is currently underway.

Description

Matar v. Dichter is a class action lawsuit brought against the former Director of Israel’s GSS, Avi Dichter. It charges Dichter with war crimes, extra-judicial killing and other gross human rights violations for his participation in the aerial bombing of a Gaza residential neighborhood. The suit charges that Dichter provided the necessary intelligence and gave final approval to drop a one-ton bomb on an apartment building in the middle of the night, which killed fifteen persons and injured over 150 other. Claims were brought under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA). The plaintiffs seek compensatory and punitive damages against defendant Dichter for violations of state, federal, and international law

The plaintiffs include Ra'ed Matar, whose wife and three children (ages 1 ½, 3 and 5 years) were killed in the attack, as well as plaintiff Mahmoud Al Huweiti, whose wife and two sons (ages 4 and 5 years) were killed. Over 150 people were injured in the attack, including plaintiff Marwan Zeino, whose spinal vertebrae were crushed.

The attack occurred just before midnight on July 22, 2002, when the Israeli Defense Forces (IDF) dropped a one-ton bomb on al-Daraj, a residential neighborhood in Gaza City in the Occupied Palestinian Territory (OPT). The attack was widely condemned by the international community, including the U.S. government, at the time.

Plaintiffs argue that Dichter, as a former foreign official acting outside the scope of his lawful authority, is not entitled to immunity under the Foreign Sovereign Immunities Act (FSIA) or under common law. Plaintiffs further argue that to allow immunity for claims brought under the TVPA defeats the very purpose of the Act. Plaintiffs also submit that discovery is necessary to determine whether Dichter was acting within the scope of his authority, and thus, in his official capacity at the time of the acts alleged.

Timeline

• December 8, 2005: The Center for Constitutional Rights (CCR) and brought a class action lawsuit against Avi Dichter, the former Director of Israel’s GSS, on behalf of the Palestinians who were killed or injured in a 2002 air strike in Gaza. CCR brought the case with the Palestinian Center for Human Rights (PCHR) and CCR Cooperating Counsel Judith Brown Chomsky and Michael Poulshock.
• February 22, 2006: Defendant filed a motion to dismiss in the Southern District of New York District Court.
• April 26, 2006: Plaintiffs filed their opposition to the motion to dismiss.
• May 31, 2006: Oral arguments were held before Judge William Pauley in Southern District of New York.
• November 17, 2006: The United States submitted a Statement of Interest, arguing that Dichter is immune from suit for the official acts alleged in the lawsuit . The US further argued that Plaintiffs failed to state a valid cause of federal action.
• January 18, 2007: Plaintiffs filed a response to the Statement of Interest.
• May 2, 2007: Judge Pauley dismissed the case, finding that Defendant Dichter possessed immunity under the FSIA because, according to the Israeli government, he was acting in the course of his official duties.
• June 14, 2007: Plaintiffs filed their Notice of Appeal.
• September 24, 2007: Plaintiffs filed their opening brief on appeal.
• September 27, 2007: The Center for Justice and Accountability filed an amicus brief in support of Plaintiffs.
• November 7, 2007: Defendant Dichter filed his brief on appeal.
• November 19, 2007: Washington Legal Foundation and Allied Educational Foundation filed an amicus brief in support of Defendant.