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HOUSE_OVERSIGHT_023400

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In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012) involve a violation of a norm of customary international law that is “(1) universal and obligatory, (2) specific and definable, and (3) of mutual concern [to States.]” Abdullahi v. Pfizer, Inc., 562 F.3d 163, 177 (2d Cir. 2009), cert. denied, 130 S. Ct. 3541 (2010). As the district court recognized, SPA233 (Terrorist Attacks V), aircraft hijacking has long been recognized as a violation of international law that meets these criteria and can give rise to tort claims under the ATS. See, e.g., Kadic v. Karadzic, 70 R3d 232, 239 (2d Cir. 1996); cf United States v. Yunis, 924 F.2d 1086, 1092 (D.C. Cir. 1991). What the district court failed to recognize, however, is that the broader concept of international terrorism is also a violation of customary international law that is actionable under the ATS, and plaintiffs adequately alleged that defendants engaged in, and aided and abetted, illegal acts of international terrorism. *123 A. Plaintiffs Alleged That Defendants Violated the ATS By Intentionally Facilitating International Terrorism The Burnett plaintiffs allege that “the Defendants, individually, jointly and severally, aided and abetted, sponsored, financed, promoted, fostered, materially supported, or otherwise conspired to proximately cause the death and injury of innocent persons namely the Plaintiffs herein through and by reason of acts of international terrorism -- the heinous attacks of September 11, 2001.” JA970. “As a result and proximate cause of the Defendants’ sponsorship of terrorism in violation of the law of nations and customary principles of international law, the Plaintiffs suffered injury and damages as set forth herein.” JA972. Such allegations state a claim under the ATS because facilitation of international terrorism is a violation of customary international law that is universal, obligatory, specific and of mutual concern to States. B. Acts of International Terrorism are a

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