Brief amici curiae of St. Mary's University School of Law, et al., Republic of Iraq v. Beaty, 556 U.S. 848 (U.S. 2009).

QUESTION PRESENTED Whether Congress intended, as evidenced in the text and legislative history of Section 1503 of the Emergency Wartime Supplemental Appropriations Act of 2003 (EWSAA), to authorize the President to set aside the long-standing legislative framework transferring immunity decisions from the Department of State to the courts and to strip jurisdiction from ongoing POW and "human shield" cases against Iraq in Article III courts of the United States? INTRODUCTION This amicus brief is submitted on behalf of St. Mary's University School of Law, Center for Terrorism Law, The Honorable Joe Sestak, Member of Congress, and distinguished American former high-level military officials identified at Appendix A. These officials believe that the implications for national security of the United States of setting aside the obligations of Iraq toward tortured American Prisoners of War (POWs) and human shield victims, as is sought by Iraq in its argument to this Court, would be severe. Reversal of the decision of the Court of Appeals with respect to section 1503 would directly lead to enhanced torture of American service personnel held by the enemy in future wars and would undermine military morale and recruiting