ASIL Insights: U.S. Court Issues Writ of Mandamus, Effectively Removing Organization from Terror List: In Re People’s Mojahedin Organization of Iran

by Jessica Poarch

In his article written for the American Society of International Law’s Insights bulletin, Tom Syring discusses the removal of the People’s Mujahidin Organization of Iran (PMOI) from the State Department’s Foreign Terrorist List.

In September 2012, after unprecedented involvement by the U.S. Court of Appeals for the District of Columbia Circuit, the Secretary of State removed the PMOI from the Foreign Terrorist List. Prior to this decision, inaction by the Secretary left the organization in administrative limbo, which prompted the Court to step in and mandate that the Secretary make a decision regarding the organization’s status.

The article discusses the PMOI’s background, the implications of being on the Foreign Terrorist List, and the arguments before the Court. Syring concludes, “Considering what is at stake, the D.C. Court’s ruling…may start a trend of closer scrutiny and judicial review of governments’ terrorist designations. The ‘unreviewable political realm’ may be justiciable after all.”

Read the entire paper here

Visit the ASIL Website.

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