¹ Not included are the recent decisions by the U.S. district court, affirmed by the court of ap peals, rejecting the PLO's motion to dismiss on the grounds of sovereign immunity. See Kling hoffer v. S.N.C. Achille Lauro, 739 F.Supp. 854 (S.D.N.Y.), aff'd, 921 F.2d 21 (2d Cir. 1990).

² Leon Klinghoffer, a wheelchair-bound U.S. citizen who was Jewish, was killed by the hijackers of the Achille Lauro. Members of his family instituted civil actions against, inter alia, the PLO and the owners of the Achille Lauro.

³ Compare Gregory V. Gooding, Fighting Terrorism in the 1980's: The Interception of the Achille Lauro Hijackers, 12 Yale J. Int'l L. 158, 159 (1987), and Gerald P. McGinley, The Achille Lauro Affair—Implications for International Law, 52 Tenn. L. Rev. 691, 700 (1985) (both taking the position that it was piracy) with George R. Constantinople, Note, Towards a New Definition of Piracy: The Achille Lauro Incident, 26 Va. J. Int'l L. 723, 748 (1986) (taking the position that it was not piracy). See also Malvina Halberstam, Terrorism on the High Seas: The Achille Lauro, Piracy and the IMO Convention on Maritime Safety, 82 AJIL 269, 270, 276–91 (1988).

⁴ The Commentary does state that “[a]ny State having an opportunity of taking measures against piracy, and neglecting to do so, would be failing in a duty laid upon it by international law.” Commentary to the International Law Commission's draft Article 38, which became Article 14 of the Geneva Convention, [1956] 2 Y.B. Int'l L. Comm'n 282, UN Doc. A/CN.4/SER.A/1956/ Add.1.