US Judge: Lebanon Can’t Intervene in Fakhoury’s Suit, Can’t Be Sued

FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
TT

US Judge: Lebanon Can’t Intervene in Fakhoury’s Suit, Can’t Be Sued

FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)

A judge on Monday denied a family’s attempt to sue Lebanon on allegations that the country’s security agency kidnapped and tortured their family member before he died in the US, and that the agency could not intervene in the case.

Amer Fakhoury, a Lebanese American man, died in the United States in August 2020 at age 57 from stage 4 lymphoma. His family’s lawsuit, filed in Washington last year against Iran, says he developed the illness and other serious medical issues while imprisoned during a visit to Lebanon over decades-old murder and torture charges that he denied.

The family had sought to expand the lawsuit to also target Lebanon, according to The Associated Press.

Fakhoury’s detention in 2019 and release in 2020 marked another strain in relations between the United States and Lebanon, which finds itself beset by one of the world’s worst economic disasters and squeezed by tensions between Washington and Iran.

Lawyers representing Lebanon’s security agency, the General Directorate of General Security, had first asked to intervene in the Fakhoury family’s wrongful death lawsuit against Iran to have the allegations against Lebanon stricken. That request also was denied by by US District Judge John Bates in his order Monday.

The Lebanese security agency had claimed the lawsuit falsely accuses it and its director of “serious crimes of kidnapping, torture and killing at the direction or aid of alleged terrorist organizations.”

In turn, the Fakhourys’ lawyer, Robert Tolchin, had asked for permission to formally sue Lebanon.

The family’s lawsuit initially argued it was possible to sue Iran under an exception to the Foreign Sovereign Immunities Act, as it has been designated as a “state sponsor of terrorism” since 1984. The suit also described Hezbollah as an “instrument” of Iran.

Tolchin had said the Fakhourys interpreted the Lebanon security agency’s request to intervene as a wavier of sovereign immunity. An attorney for the agency denied that, and the judge agreed.

Bates wrote that there is “insufficient evidence for the court to conclude” that the agency intended to waive its sovereign immunity.

Bates also wrote that the allegations about Fakhoury’s detention in Lebanon that the security agency wishes to strike “are central to this lawsuit.”

Messages seeking comment were sent to the lawyers.

Iran has yet to respond to the lawsuit.

Fakhoury’s imprisonment in Lebanon took place in September 2019, not long after he became an American citizen. Fakhoury, a restaurateur in New Hampshire, visited his home country on vacation for the first time in nearly 20 years. A week after he arrived, he was jailed and his passport was seized, his family has said.

The day before he was taken into custody, a newspaper close to the Iranian-backed Hezbollah group published a story accusing him of playing a role in the torture and killing of inmates at a prison run by an Israeli-backed Lebanese militia during Israel’s occupation of Lebanon two decades ago. Fakhoury was a member of the South Lebanon Army.

The article dubbed him the “butcher” of the Khiam Detention Center, which was notorious for human rights abuses. Fakhoury’s family said he had worked at the prison as a member of the militia, but that he was a clerk who had little contact with inmates. When Israel withdrew from Lebanon in 2000, Fakhoury left the country like many other militia members who feared reprisals. He arrived in the US in 2001.

As early as 2018, Fakhoury had sought assurances from the US State Department and the Lebanese government that he could visit Lebanon freely. His family said he was told there were no accusations against him in Lebanon or no legal matters that might interfere with his return.

Upon his return to Lebanon, Fakhoury was held for five months before he was formally charged, his family said. By then, he had dropped more than 60 pounds, was suffering from lymphoma, and had rib fractures, among other serious health problems, they said.

Eventually, the Lebanese Supreme Court dropped the charges against Fakhoury. He was returned to the United States on March 19, 2020, on a US Marine Corps Osprey aircraft. He died five months later.



Women and Children Scavenge for Food in Gaza, UN Official Says

 Palestinians walk on a destroyed street after Israeli forces withdrew from a part of Nuseirat, following a ground operation amid the ongoing conflict between Israel and Hamas, in Nuseirat, central Gaza Strip, November 29, 2024. (Reuters)
Palestinians walk on a destroyed street after Israeli forces withdrew from a part of Nuseirat, following a ground operation amid the ongoing conflict between Israel and Hamas, in Nuseirat, central Gaza Strip, November 29, 2024. (Reuters)
TT

Women and Children Scavenge for Food in Gaza, UN Official Says

 Palestinians walk on a destroyed street after Israeli forces withdrew from a part of Nuseirat, following a ground operation amid the ongoing conflict between Israel and Hamas, in Nuseirat, central Gaza Strip, November 29, 2024. (Reuters)
Palestinians walk on a destroyed street after Israeli forces withdrew from a part of Nuseirat, following a ground operation amid the ongoing conflict between Israel and Hamas, in Nuseirat, central Gaza Strip, November 29, 2024. (Reuters)

Large groups of women and children are scavenging for food among mounds of trash in parts of the Gaza Strip, a UN official said on Friday following a visit to the Palestinian enclave.

Ajith Sunghay, head of the UN Human Rights office for the Occupied Palestinian Territories, expressed concern about the levels of hunger, even in areas of central Gaza where aid agencies have teams on the ground.

"I was particularly alarmed by the prevalence of hunger," Sunghay told a Geneva press briefing via video link from Jordan. "Acquiring basic necessities has become a daily, dreadful struggle for survival."

Sunghay said the UN had been unable to take any aid to northern Gaza, where he said an estimated 70,000 people remain following "repeated impediments or rejections of humanitarian convoys by the Israeli authorities".

Sunghay visited camps for people recently displaced from parts of northern Gaza. They were living in horrendous conditions with severe food shortages and poor sanitation, he said.

"It is so obvious that massive humanitarian aid needs to come in – and it is not. It is so important the Israeli authorities make this happen," he said. He did not specify the last time UN agencies had sent aid to northern Gaza.

US WARNING

US Secretary of State Antony Blinken and Defense Secretary Lloyd Austin set out steps last month for Israel to carry out in 30 days to address the situation in Gaza, warning that failure to do so may have consequences on US military aid to Israel.

The State Department said on Nov. 12 that President Joe Biden's administration had concluded that Israel was not currently impeding assistance to Gaza and therefore was not violating US law.

The Israeli army, which began its offensive against Hamas in the Gaza Strip after the group's attack on southern Israeli communities in October 2023, said its operating in northern Gaza since Oct. 5 were trying to prevent militants regrouping and waging attacks from those areas.

Israel's government body that oversees aid, Cogat, says it facilitates the entry of humanitarian aid into Gaza, and accuses UN agencies of not distributing it efficiently.

Looting has also depleted aid supplies within the Gaza Strip, with nearly 100 food aid trucks raided on Nov. 16.

"The women I met had all either lost family members, were separated from their families, had relatives buried under rubble, or were themselves injured or sick," Sunghay said of his stay in the Gaza Strip.

"Breaking down in front of me, they desperately pleaded for a ceasefire."