Bauer v. Mavi Marmara

The Neutrality Act, 18 U.S.C. 962, passed in 1794, is generally recognized as the first instance of municipal legislation in support of the obligations of neutrality. The Act makes it unlawful to furnish, fit out, or arm a vessel within the U.S. with the intent of having the vessel used in the service of a foreign state or people to commit hostilities against another foreign state or people with whom the U.S. is at peace. Vessels covered by the Act are subject to forfeiture, and persons who give information leading to the seizure of such vessels may recover a bounty. Bauer sought to pursue a claim under the Act, claiming to have informed the government of vessels that had been funded, furnished, and fitted by anti-Israel organizations in the U.S., together with violent and militant anti-Israel organizations from other countries. The complaint alleged that the vessels were to be employed in the service of Hamas, a terrorist organization in the Gaza Strip, to commit hostilities against Israel. The district court dismissed, holding that the statute lacks an express private cause of action. The D.C. Circuit affirmed, holding that informers lack standing to sue on their own. View "Bauer v. Mavi Marmara" on Justia Law