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Case Citations [i] (Spring 2026)

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                           THE AMERICAN


                             LAW INSTITUTE



                                   Spring 2026 Citations



      THE FOREIGN RELATIONS LAW OF THE

                          UNITED STATES 3D



     PART  I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW

           CHAPTER 1.   INTERNATIONAL LAW: CHARACTER AND SOURCES

§ 102. Sources of International Law

C.A.5, 2025. Com. (k) cit. in ftn. Surviving spouses of participants in rallies in Nigeria sued former
Nigerian governor, alleging that defendant was liable under the Torture Victim Protection Act for the
extrajudicial killing of participants, who died when defendant ordered military forces to shoot
indiscriminately at attendees of the rallies. The district court granted defendant's motion to dismiss
based on foreign-official immunity. This court affirmed, holding that the Act did not abrogate
defendant's common-law foreign-official immunity. The court noted that plaintiffs failed to adequately
brief, and therefore waived, their argument in favor of recognizing a jus cogens exception to foreign-
official immunity consistent with Restatement Third of Foreign Relations Law §§ 102 and 702, under
which foreign officials forfeited immunity for heinous acts such as genocide, slavery, or torture. Does 1-
5 v. Obiano, 138 F.4th 955, 959.



                      PART  II. PERSONS  IN INTERNATIONAL LAW

Introductory Note

D.D.C.2024. Intro. Note quot. in sup. Heirs of Hungarian Jewish art collectors, whose art collection was
seized by Nazi collaborators during World War II, sued the Republic of Hungary, seeking to recover a
sculpture from the collection that was in its possession. This court granted defendant's motion to dismiss
for lack of jurisdiction, holding, among other things, that the Foreign Sovereign Immunities Act did not
waive sovereign immunity under the expropriation exception for a sovereign's wartime taking of
property from a foreign national, and the sculpture was taken by Nazi officials during Germany's
wartime occupation of Hungary. The court cited the Restatement Third of Foreign Relations in

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