Totally baffling. Why would the editor of the American Journal of International Law agree with the State Dept. and oppose having it list Russia as a State Sponsor of Terrorism, under the Foreign Sovereign Immunities Act?

By doing so would allow U.S. nationals to bring actions against Russia in US courts — for international terrorism. Why should gross violations of international law and human rights not be subject to federal court adjudication? Domestic courts have long-applied international law. Abdicating the application of law because of some vague and ill-defined policy of the State Dept. is simple wrong.

Russia’s violation of international law is clear — in its invasion of Ukraine, its indiscriminate bombardment of cities and brutal murder of prisoners of war and civilians. Its war crimes are obvious. These actions must be addressed by U.S. courts. This would certainly help uphold international law and human rights.

Wuerth, “Bad Idea to Designate Russia as a State Sponsor of Terrorism.” Washington Post (August 3, 2022).