Position Paper on Libya Claims Settlement
The Precedent for a Global Settlement of All
Anti-Terrorism Claims Against Libya
PLAINTIFFS’ POSITION PAPER
MARK McDONALD, et al. v. SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA, et al.,
Case No. 06-CV-729-JR (U.S. Dist. Ct. Dist. Of Columbia)
Purpose: This paper explains the need for continued cooperation between the United States and Great Britain and the reason for the inclusion of all legal actions, including McDonald, against Libya for its past support of terrorism in any global settlement talks pursued by the U.S. State Department.
Prepared by Motley Rice LLC, Mt. Pleasant, S.C., and H2O Law and Matrix Chambers of London, U.K., July 14, 2008
EXECUTIVE SUMMARY
UNITED KINGDOM / UNITED STATES COOPERATION
The U.S. State Department and the Libyan government are currently involved in negotiations to settle the universe of cases currently pending against Libya in American courts involving Libya’s support of terrorism.
These cases involve a combination of interests – both American and British – as was evident in the case against Libya arising out of the bombing of Pan Am Flight 103 over Lockerbie, Scotland. In that case, the U.K. government worked closely with the U.S. government to criminally pursue those involved in the bombing while also helping craft a resolution of the civil claims of those whose loved ones were killed as a result of the bombing.
Today, a similar situation exists where citizens of both countries have been injured or killed as a result of Libya’s material support and aiding and abetting of the Provisional Irish Republican Army’s (“PIRA”) campaign of terror against civilians. If the U.S. government moves forward only on behalf of U.S. citizens in this litigation, then the trust and camaraderie between the U.S. and U.K. governments will be damaged. Any truly comprehensive settlement of claims pending against Libya within the United States requires consideration and inclusion
Anti-Terrorism Claims Against Libya
PLAINTIFFS’ POSITION PAPER
MARK McDONALD, et al. v. SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA, et al.,
Case No. 06-CV-729-JR (U.S. Dist. Ct. Dist. Of Columbia)
Purpose: This paper explains the need for continued cooperation between the United States and Great Britain and the reason for the inclusion of all legal actions, including McDonald, against Libya for its past support of terrorism in any global settlement talks pursued by the U.S. State Department.
Prepared by Motley Rice LLC, Mt. Pleasant, S.C., and H2O Law and Matrix Chambers of London, U.K., July 14, 2008
EXECUTIVE SUMMARY
UNITED KINGDOM / UNITED STATES COOPERATION
The U.S. State Department and the Libyan government are currently involved in negotiations to settle the universe of cases currently pending against Libya in American courts involving Libya’s support of terrorism.
These cases involve a combination of interests – both American and British – as was evident in the case against Libya arising out of the bombing of Pan Am Flight 103 over Lockerbie, Scotland. In that case, the U.K. government worked closely with the U.S. government to criminally pursue those involved in the bombing while also helping craft a resolution of the civil claims of those whose loved ones were killed as a result of the bombing.
Today, a similar situation exists where citizens of both countries have been injured or killed as a result of Libya’s material support and aiding and abetting of the Provisional Irish Republican Army’s (“PIRA”) campaign of terror against civilians. If the U.S. government moves forward only on behalf of U.S. citizens in this litigation, then the trust and camaraderie between the U.S. and U.K. governments will be damaged. Any truly comprehensive settlement of claims pending against Libya within the United States requires consideration and inclusion