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28/02/2024

Plaintiffs respond to defendants’ motion to dismiss

Appears in case: Civil complaint by Yemeni nationals to seek injunctive relief and damages

Jurisdiction

United States of America

Locale

Armed Conflict in Yemen

Recipient State

Saudi Arabia, United Arab Emirates

Document Type

Claimant Submissions

Plaintiffs in civil complaint filed by Yemeni nations in the district court of Washington DC, US respond to motions to dismiss filed by the US government defendants and by the defence contractors.

The plaintiffs argue inter alia that the defendants’ actions were in violation of restrictions placed on US foreign military sales by the US Arms Export Control Act (AECA) and the US Foreign Assistance Act (FAA), granting the Court the right to conduct a judicial review of the government’s decision and rendering the political question doctrine inapplicable in this case. As the defence contractors were under a government contract, also subject to the AECA and FAA, they cannot be covered by derivative sovereign immunity.