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View Full Version : Globalists Seek Absolute Immunity from Law; U.S. Fights Back




Swordsmyth
08-08-2018, 09:01 PM
Globalist organizations such as the United Nations and the World Bank want absolute and completely immunity from all laws, all over the world, even as UN officials and “peace” troops rape tens of thousands of women and children while hiding behind diplomatic immunity (https://www.thenewamerican.com/world-news/europe/item/29687-uk-parliament-mass-un-child-rape-just-tip-of-the-iceberg). Incredibly, in a ruling with enormous implications, a U.S. court agreed with the idea that these sorts of international institutions should be completely above the law in all cases — a level of immunity beyond that afforded even to foreign governments. But in a court filing with the U.S. Supreme Court, which recently agreed to hear the first-ever case on the scope of immunity for international organizations, the U.S. government is asking the high court to reverse the ruling purporting to grant “absolute” immunity to the World Bank and other globalist outfits. Legal experts say the outcome will be hugely important.

The case in question concerns the World Bank's International Finance Corporation (IFC) and its operations in India. According to a lawsuit against the IFC filed by a group of local fishermen and farmers from Gujarat, India, the IFC funded the creation of a power plant that devastated the local community. Among other problems were the severe damage to private property, the destruction of livelihoods, and threats to the health of local residents. U.S. federal courts in Washington, D.C. recognized the “dismal” situation the World Bank-backed power plant had caused. However, both the district court and the appeals court for Washington, D.C., where the World Bank is based, held that the lawsuit should be dismissed. The reason: The World Bank, as an international organization, is entitled to absolute immunity from the law.

And that is why this case — regardless of the particular facts involved in this particular dispute — is so incredibly important. “The actual facts of this World Bank case are not really important here; the question is whether or not these International Organizations should have SO MUCH immunity that they are ABOVE THE LAW anywhere and everywhere in the world,” explained attorney Peter Gallo, a former UN investigator turned whistleblower who now works with the Switzerland-based non-profit Hear Their Cries to protect children from UN rapists. “That was not what the signatories of the treaty signed up for in San Francisco in 1945. It is mission creep — and the idea that the UN is more than just an association or a grouping of countries; but that is really a superior sort of world government.”

Pointing to the 1946 Convention on Privileges and Immunities, Gallo said the current situation of absolute immunity was never intended. In Article V Section 18, the international agreement does make UN officials immune from legal processes relating to their words and all acts performed in an official capacity. To Gallo, at least, that is “fine.” For instance, if a UN staff member in Sudan were to provide shelter to a person the Sudanese regime would prefer to see homeless, then that staff member ought to be immune from prosecution, because the sheltering was performed as part of that official’s job. But what about when UN staff members rape women and children? “It isn't part of any UN staff member’s official duties to be having sex with anyone,” Gallo explained. “So why does the UN afford them the protection of immunity under the 1946 Convention?” The other relevant agreement is the 1945 International Organisations Immunity Act.

In the immunity case set to be considered by the Supreme Court, the World Bank is arguing that it has absolute immunity from legal liability in all cases. Even foreign governments and their diplomatic staff do not receive such protections. “We are pleased the [U.S.] Government has weighed in against absolute immunity,” said attorney Rick Herz with the left-wing “EarthRights International,” which is helping represent the plaintiffs in the case. “We are optimistic the Court will use this opportunity to clarify that the law must be read to mean what it says: international organizations are entitled only to the same immunity as foreign governments.... International organizations like the IFC are not above the law and must be held accountable when their projects harm communities. The notion of ‘absolute immunity’ is inconsistent with Supreme Court precedent, and it is contrary to the IFC’s own mission as an anti-poverty institution. We are glad the Supreme Court has agreed to hear this case and hope it will correct this error.”

More at: https://www.thenewamerican.com/world-news/north-america/item/29747-globalists-seek-absolute-immunity-from-law-us-fights-back

Swordsmyth
03-02-2019, 06:53 PM
https://twitter.com/ICIJorg/status/1100953780412170240

1100953780412170240


https://twitter.com/DawsonSField/status/1101103111396118528

1101103111396118528

Zippyjuan
03-02-2019, 07:19 PM
So the US does not want somebody from outside the US to have jurisdiction over commerce in the US- but this case was about events in India. Does the US have jurisdiction over events in India? Local farmers and fisherman suing a dam construction in India? (the World Bank, though, is headquartered in the US).

https://www.bloomberg.com/news/articles/2019-02-27/u-s-supreme-court-rules-against-world-bank-arm-on-immunity


U.S. Supreme Court Rules Against World Bank Arm on Immunity


The U.S. Supreme Court opened some American-based international organizations to lawsuits, ruling that a World Bank affiliate must defend against allegations it is responsible for environmental damage caused by a power plant in India.

Voting 7-1 on Wednesday, the court said sovereign immunity doesn’t protect those international organizations in the U.S. when they are involved in commercial activities.

The suit accuses the International Finance Corp., the World Bank’s private-sector lending arm, of inadequately supervising the plant’s construction after providing a $450 million loan. Those suing the IFC include local farmers and fishermen.

The decision could mean new legal liability for the IFC and other multilateral development banks. The ruling doesn’t affect the International Monetary Fund or the United Nations itself, both of which have complete immunity from suit under the terms of their charters.

A 1945 federal law says international organizations are entitled to the "same immunity" as foreign countries. The central question for the court was how that provision was affected by a 1976 law that said foreign governments don’t get immunity when they are involved in commercial dealings. The 1976 measure didn’t mention international organizations.

Writing for the court, Chief Justice John Roberts said the 1976 law also changed the immunity possessed by international organizations.

The 1945 law "should therefore be understood to link the law of international organization immunity to the law of foreign sovereign immunity, so that the one develops in tandem with the other," Roberts wrote. He said the standard set by the 1976 law "hardly means unlimited exposure to suit for international organizations."

Justice Stephen Breyer dissented, and Justice Brett Kavanaugh did not participate in the case.

The case is Jam v. International Finance Corp., 17-1011.


Is a lender responsible for problems caused by the borrower? If I borrow money to buy a car and run over somebody, can you sue my banker? If I borrow to build a house and it collapses on somebody is it the bank's fault?

Swordsmyth
03-02-2019, 07:29 PM
So the US does not want somebody from outside the US to have jurisdiction over commerce in the US- but this case was about events in India. Does the US have jurisdiction over events in India? Local farmers and fisherman suing a dam construction in India?

https://www.bloomberg.com/news/articles/2019-02-27/u-s-supreme-court-rules-against-world-bank-arm-on-immunity
If the defendants want to argue that the US does not have jurisdiction then they may win on that point but they tried to claim sovereign immunity and they lost on that point.

Zippyjuan
03-02-2019, 07:35 PM
If the defendants want to argue that the US does not have jurisdiction then they may win on that point but they tried to claim sovereign immunity and they lost on that point.

Jurisdiction is usually one of the first things the court should consider. If they don't have jurisdiction, it is pointless to hear the merits of a case.

Swordsmyth
03-02-2019, 07:37 PM
Jurisdiction is usually one of the first things the court should consider. If they don't have jurisdiction, it is pointless to hear the merits of a case.
It is also the responsibility of the defendants to make a jurisdictional case, they may still do that but they tried to go for the more powerful sovereign immunity defense first and they lost.