Every indexed document

the clear existence of defendants’ duty under traditional tort principles

the district court itself recognized that under New York law

it did not conduct an analysis of whether defendants did

which provides a cause of action for victims of torture or extrajudicial killings perpetrated by “individual[s]” acting “under actual or apparent authority

1999) (1999 Financing Terrorism Convention)

the Security Council has continued to condemn international terrorism and the provision of material support for terrorism and to assert that it poses a serious threat to peace and security. See

this Court has looked to three factors to determine whether a claim adequately alleges a violation of customary international law that is cognizable in a tort action under the ATS. To state an ATS claim

the inference that support for al-Qaeda in the early and mid 1990s contributed to al-Qaeda’s capabilities and terrorist activities only a few years later

which only require that a plaintiff plead facts that permit “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal

such that a reasonable trier of fact could conclude that it was more likely than not that the support provided by the defendant assisted the terrorists in the commission of the terrorist act.

plaintiffs allege that DMI Trust and DMI S.A. “directly participate in the oversight and management of DMI Trust’s subsidiary and associate entities.” JA4329. In addition

such as the actual minutes of al Qaeda meetings

but also is inconsistent with the findings of other courts and the Executive branch. For example

the D.C. Circuit has consistently found that habeas petitioners were “part of” al-Qaeda. See Al Alwi

both because the United States must establish its case by a preponderance of evidence (rather than the pre-discovery

including through provision of funds to Tulkarm Charity Committee

Al Rajhi Bank had reason to know of the charities’ “extensive sponsorship of al Qaida’s operations

probably because they find the bank’s vast network and adherence to Islamic principles both convenient and ideologically sound. Senior al-Rajhi family members have long supported Islamic extremists and probably know that terrorists use thei...

and individuals in the midst of al-Qaeda’s network are more likely to be part of al-Qaeda and at least well placed to know the nature of its activities. See Al-Adahi v. Obama

public testimony from a high-level al-Qaeda operative prior to September 11