front organisations, by the parents of 17-year-old David Boim, an American who was shot dead by unknown Palestinian assailants in the West Bank in 1996. This decision was clearly
dependent on the consensual perception of Hamas as a terrorist organisation.
But this consensus is open to shifting political agendas and so is the political support that can make or break civil lawsuits. Last November, the Libyan government paid out $1.2bn to US victims of the 1988 Lockerbie bombing, even though Libyan officials have continued to deny that Libya was responsible, in exchange for an end to sanctions and Libya's removal from the US list of terrorist-sponsors.
Other lawsuits against alleged terrorists and their sponsors have failed because they did not have such official backing. Last month the US Justice Department advised the Supreme Court to exclude members of the Saudi royal family from a $3 trillion suit against them by families of the 9/11 victims.

The plaintiffs allege that members of the Saudi establishment diverted funds to al-Qaeda through charitable institutions. This case has already been rejected by lower courts and the Supreme Court looks set to follow their example. A 2003 claim for $300m in damages against various Saudi princes by a consortium of US insurance companies is likely to meet a similar fate.
The Obama administration is clearly no more willing to antagonise a powerful ally than its predecessor, and this question of political support will always be crucial in deciding whether civil lawsuits against terrorist organisations and their sponsors succeed.
Even when they do, their impact is likely to remain largely symbolic. Libya was able to pay, but the same is unlikely to apply to the four members of the Real IRA. Two of them are already in jail, and the others now face the loss of whatever financial assets they possess.
That will certainly hurt them, but it would be a mistake to hail Monday's verdict as a major breakthrough in the struggle against terrorism. Whatever the state of their bank balances, men who place
bombs in city centres are not usually looking forward to a comfortable future when they embark on such activities.
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I beg to differ with the premise that criminals do not expect to live a comfortable future, unless the author is talking about their concience,because they can always justify their actions. Criminals never expect to be caught.Certainly it is more satisfactory to proceed civilly after a criminal conviction, because the proof is there "beyond a reasonable doubt." Civil action can drag on for years and is extremely expensive and hard to live with....unless they choose not to defend themselves, but then cowards hate to admit anything.
Posted by Michael Grisdale at 4:22pm on June 10, 2009
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