The United States government has argued in court that current and former officials of Pakistan’s intelligence service should be immune from prosecution in connection with the 2008 Mumbai attacks. At least 166 people, including 6 Americans, were killed and scores more were injured when members of Pakistan-based militant group Lashkar-e-Taiba stormed downtown Mumbai, India, taking the city hostage between November 26 and 29, 2008.
The Indian government has openly accused Pakistan’s Inter-Services Intelligence directorate (ISI) of complicity in the attack, which has been described as the most sophisticated international terrorist strike anywhere in the world during the last decade. Using evidence collected by the Indian government, several Americans who survived the bloody attacks sued the ISI in New York earlier this year for allegedly directing Lashkar-e-Taiba and the Mumbai strikes. But Stuart Delery, Principal Deputy Attorney General for the US Department of State, has told the court that the ISI and its senior officials are immune from prosecution on US soil under the US Foreign Sovereign Immunities Act. According to the 12-page ‘Statement of Interest’ delivered to the court by Delery, no foreign nationals can be prosecuted in a US court for criminal actions they allegedly carried out while working in official capacities for a foreign government. The affidavit goes on to suggest that any attempt by a US court to assert American jurisdiction over current or former Pakistani government officials would be a blatant “intrusion on [Pakistan’s] sovereignty, in violation of international law”. It appears that nobody has notified the US Department of State that the US routinely “intrudes on Pakistan’s sovereignty” several times a week by using unmanned Predator drones to bomb suspected Taliban militants operating on Pakistani soil. Washington also “intruded on Pakistan’s sovereignty” on May 2, 2011, when it clandestinely sent troops to the town of Abbottabad to kill al-Qaeda founder Osama bin Laden. Reacting to the US position, the Indian government expressed “extreme and serious disappointment” on Thursday, arguing that “It cannot be that any organization, state or non-state, which sponsors terrorism, has immunity”. Indian media quoted Foreign Office spokesperson Syed Akbaruddin as saying that all those behind the 2008 Mumbai attacks “should be brought to justice irrespective of the jurisdiction under which they may reside or be operating”.
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