Keren Elmaliach and fifty Israeli citizens were killed or injured (or are family of those killed or injured) by Islamic Jihad or Hamas terrorist activity during the wave of terrorist attacks from 2006-2007.
Keren was injured in a suicide bombing in a bakery in Eilat in January of 2007. The Islamic Jihad and the Fatah al-Aqsa Martyrs’ Brigade claimed responsibility for the attack.
The Bank of China engaged in extensive monetary transactions with Hamas and the Islamic Jihad from 2003-2007. The wire transfers were sent from the US branch of the bank directly to China, whereupon the terrorist organizations transferred funds to their operatives in Israel, the West Bank, and Gaza. Israeli authorities had warned the Chinese that these transactions were taking place.
In February 2009 at the New York Supreme Court, the plaintiffs charged the bank with negligence and breach of statutory duty under Israel’s Civil Wrongs Ordinances. The court, in this case, held that while banks generally do not have a duty to protect non-customers from the intentional torts of their customers, a bank may be liable where it has actual knowledge that it is funding such wrongdoing. The US, Israel and China each had an interest in having its own jurisdiction govern the case. The court held that the case would be settled using Israeli law in the New York The US, Israel and China each had an interest in having its own jurisdiction govern the case. The court held that the case would be settled using Israeli law in the New York court because the plaintiffs’ injuries occurred in Israel, and Israel, therefore, has the greatest interest in seeing its laws enforced.
The court reinterpreted how to determine the ‘locus,’ or jurisdiction which will apply to the case. This case is currently in the discovery phase and is ongoing.