Justice Against Sponsors of Terrorism Act (JASTA) (2016)

The Justice Against Sponsors of Terrorism Act, or JASTA, amended federal law in 2016 to permit specified civil terrorism claims involving foreign states and secondary defendants. It created legal pathways, not a government power to freeze or confiscate foreign assets.

Distinct provisions

JASTA added 28 USC 1605B to the Foreign Sovereign Immunities Act (United States, 1976). The section removes jurisdictional immunity for claims meeting its conditions concerning injury in the United States, international terrorism and a foreign state's tortious conduct. This route differs from the existing state-sponsor exception in 28 USC 1605A.

The Act also added aiding-and-abetting and conspiracy liability to 18 USC 2333(d) for qualifying civil claims under the Anti-Terrorism Act. Jurisdiction and liability remain separate questions. A plaintiff must establish each applicable element, and immunity from attachment or execution is governed separately, including by 28 USC 1609 and its exceptions.

Current proceeding and limit

JASTA enabled further proceedings in the September 11 multidistrict litigation against Saudi Arabia. On 28 August 2025, the Southern District of New York denied Saudi Arabia's renewed motion to dismiss for lack of subject-matter jurisdiction. Saudi Arabia appealed. On 5 November 2025, the district court stayed all proceedings involving Saudi Arabia pending the Second Circuit's consideration of the interlocutory appeal. Neither order was a final judgment on liability or damages. Allegations against the state, officials or other parties remain allegations unless admitted or adjudicated, and the live docket requires publication-day review.

The record belongs in context. Private litigation can create diplomatic and financial pressure, but it is not automatically an act of economic statecraft and does not run under executive sanctions authority. Any description as Lawfare (legal warfare) must identify the actor, purpose and legal mechanism rather than infer strategy from the existence of a lawsuit.

See also

Terrorist-financing designation (SDGT) · Financial exclusion · Extraterritoriality

Sources

• United States Congress, Justice Against Sponsors of Terrorism Act, Public Law 114-222, 28 September 2016.
• United States House of Representatives, 28 USC 1605B, checked 30 July 2026.
• United States House of Representatives, 18 USC 2333, checked 30 July 2026.
• United States House of Representatives, 28 USC 1605A, checked 30 July 2026.
• United States House of Representatives, 28 USC 1609, checked 30 July 2026.
• United States District Court for the Southern District of New York, *In re Terrorist Attacks on September 11, 2001*, document 11182, 28 August 2025.
• United States District Court for the Southern District of New York, order staying proceedings involving Saudi Arabia pending interlocutory appeal, 5 November 2025.