{"id":8573,"date":"2021-04-02T01:51:06","date_gmt":"2021-04-02T05:51:06","guid":{"rendered":"https:\/\/charityandsecurity.org\/?p=8573"},"modified":"2022-05-11T17:22:26","modified_gmt":"2022-05-11T21:22:26","slug":"keren-kayemeth-leisrael-jewish-national-fund-v-education-for-a-just-peace-in-the-middle-east-d-b-a-us-campaign-for-palestinian-rights","status":"publish","type":"post","link":"https:\/\/charityandsecurity.org\/litigation\/keren-kayemeth-leisrael-jewish-national-fund-v-education-for-a-just-peace-in-the-middle-east-d-b-a-us-campaign-for-palestinian-rights\/","title":{"rendered":"Keren Kayemeth LeIsrael-Jewish National Fund v. Education for a Just Peace in the Middle East d\/b\/a US Campaign for Palestinian Rights"},"content":{"rendered":"

Plaintiffs brought an action against the US Campaign for Palestinian Rights under the Anti-Terrorism Act claiming that, by acting as fiscal sponsor for the Boycott National Committee, a coalition of organizations in Palestine, the USCPR should be held liable for injuries caused by incendiary kites and balloons launched into Israel from Gaza. USCPR\u2019s motion to dismiss for failure to state facts supporting this claim was granted in March 2021.
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Case Summary:<\/h2>\n
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In November 2019 the Jewish National Fund and 12 individual Americans living in Israel filed suit<\/a> against Just Peace in the Middle East, a U.S. charity d\/b\/a the US Campaign for Palestinian Rights (USCPR). The suit made claims under the Anti-Terrorism Act for damages caused by incendiary devices launched into Israel from Gaza by unnamed persons. JNF argued that USCPR was liable because it collects funds from U.S. donors for the Boycott National Committee (BNC) in Palestine and one of BNC\u2019s members is a coalition that includes Hamas, which the State Department has designated a Foreign Terrorist Organization (FTO). USCPR\u2019s motion to dismiss<\/a>, filed March 5, 2020, argues that the plaintiffs did not alleged facts to support their conclusions, that USCPR\u2019s activities are lawful, that plaintiffs relied on guilt by association and did not allege facts that would \u201cbridge the gap between these lawful, peaceful and protected acts and the damage caused…\u201d USCPR\u2019s motion to dismiss was granted<\/a> by the United States District Court for the District of Columbia on March 29, 2021. The court said the plaintiff\u2019s arguments \u201care, to say the least, not persuasive.\u201d JNF asked the court to reconsider, and after the court denied that request appealed the case<\/a> to the U.S. Circuit Court for the District of Columbia, where the case is pending<\/a>.<\/p>\n

The Anti-Terrorism Act<\/a> (ATA) allows any U.S. national suffering injury due to an act of international terrorism to sue in federal court and, if successful, recover triple damages. (18 USC 2333(a)) The standard to establish liability (18 USC 2333(d)(2)) is for an act of international terrorism to be \u201ccommitted, planned, or authorized\u201d by a designated FTO (direct liability) or \u201cany person who aids and abets, by knowingly providing substantial assistance, or conspires with the person who committed such act of terrorism\u201d (indirect liability).<\/p>\n

JNF\u2019s suit was based on three allegations against USCPR:<\/p>\n