WASHINGTON (CN) – The D.C. Circuit allowed victims of the 1998 U.S. embassy bombings in Africa and their families to pursue a claim for damages against the Sudanese government for its alleged role in helping al-Qaida perpetrate the attacks.
A three-judge panel rejected the Republic of Sudan’s motion to dismiss the claim on the basis of sovereign immunity, because federal law provides an exception for state sponsors of terrorism.
The court also backed Congress’ decision to let the executive branch decide which countries qualify as state sponsors of terrorism.
The Sudan argued, unsuccessfully, that the transfer of this authority from the legislators to the secretary of state was an unconstitutional delegation of power.
Judge Sentelle affirmed the district court’s refusal to dismiss the case and remanded.