107 F. Supp. 3d 90
D.D.C.2015Background
- Zuza, proceeding pro se, sued the Office of the High Representative (OHR) and individuals Ashdown and Inzko in 2014 in the District of Columbia seeking relief for his 2004 removal from Bosnian government posts.
- The 2004 removal was by the High Representative and based on findings that Zuza contributed to obstructing peace implementation in Republika Srpska.
- Zuza asserts due process and discrimination claims and claims under the Alien Tort Statute and District of Columbia tort law for compensatory and punitive damages.
- Defendants moved to dismiss, asserting immunity under the International Organizations Immunities Act (IOIA).
- The court holds that OHR, by virtue of the 2010 Amendment and Executive Order 13,568, enjoys IOIA immunity, depriving the court of subject-matter jurisdiction over the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OHR has IOIA immunity. | Zuza contends the 2010 Amendment did not waive participation and that OHR is not an immunized IOA entity. | Defendants contend the 2010 Amendment waives participation and Executive Order extends immunity to OHR. | OHR entitled to IOIA immunity; designation via President/Executive Order suffices. |
| Whether Ashdown and Inzko are protected by IOIA official immunity. | Zuza argues officers should not be immunized or are not proper IOIA officers. | Ashdown and Inzko act in official capacities; IOIA 7(b) immunizes officers exercising official functions. | Inzko and Ashdown entitled to IOIA official immunity for acts in their official capacities. |
Key Cases Cited
- Atkinson v. Inter-Am. Dev. Bank, 156 F.3d 1335 (D.C. Cir. 1998) (IOIA allows Executive modification of immunities)
- Mendaro v. World Bank, 717 F.2d 610 (D.C. Cir. 1983) (two sources of limitation on IOIA immunity)
- Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S. 480 (1983) (president's role in foreign immunities and discretion under executive action)
- Tuck v. Pan American Health Organization, 668 F.2d 547 (D.C. Cir. 1981) (functional immunity; immunity coextensive with duties)
- Brzak v. United Nations, 551 F. Supp. 2d 313 (S.D.N.Y. 2008) (immunity for UN officials under IOIA)
- Samantar v. Yousuf, 560 U.S. 305 (2010) (foreign official immunity context; FSIA vs IOIA distinction)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (limitations on jurisdiction; Rule 12(b)(1) framework)