No. 22-117

Oussama El Omari v. The International Criminal Police Organization, aka INTERPOL

Lower Court: Second Circuit
Docketed: 2022-08-08
Status: Denied
Type: Paid
Response Waived
Tags: arbitration immunity international-organization ioia jam-v-intl-fin-corp public-international-organization statutory-construction treaty-interpretation treaty-ratification
Latest Conference: 2022-09-28
Question Presented (from Petition)

I. Whether INTERPOL is entitled to immunity as a
"public" international organization under 22 U.S.C.
§ 288 of the IOIA as interpreted by Jam v. Int'l Fin.
Corp., 139 S.Ct. 759 (2019), when INTERPOL's
treaty ratification failed and its existence is merely
due to its own "1956 Constitution" which has no
roots in state action?

II. Even assuming, arguendo, INTERPOL is an
immune public international organization under the
IOIA, whether INTERPOL waived immunity under
§ 288a(b) by INTERPOL's 2008 Agreement with
France, when INTERPOL initially agreed to
arbitration and then later in 2016 abrogated that
arbitration right?

Question Presented (AI Summary)

Whether INTERPOL is entitled to immunity as a 'public' international organization under 22 U.S.C. § 288 of the IOIA as interpreted by Jam v. Intl Fin. Corp., 139 S.Ct. 759 (2019), when INTERPOL's treaty ratification failed and its existence is merely due to its own '1956 Constitution' which has no roots in state action?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-23
Waiver of right of respondent International Criminal Police Organization, also known as INTERPOL to respond filed.
2022-08-03
Petition for a writ of certiorari filed. (Response due September 7, 2022)

Attorneys

International Criminal Police Organization, also known as INTERPOL
Ginger D. AndersMunger, Tolles & Olson LLP, Respondent
Oussama El Omari
Scott Michael MooreMoore International Law PLLC, Petitioner