126 414 FEDERAL SUPPLEMENT, 3d SERIES plaintiffs A-3, A-35, A-37, B-73, and C-1 through C-32—are the ‘‘legal representatives’’ of claimants who otherwise would have had standing and thus have standing themselves to bring this cause of action. D. Liability 1. Acts of Torture, Hostage-Taking, and Extrajudicial Killing The FSIA requires that an act of ‘‘hostage-taking,’’ ‘‘torture,’’ or ‘‘extrajudicial killing’’ caused the plaintiffs’ injuries. 28 U.S.C. § 1605(a)(1); see id. § 1605A(c). North Korea committed all three acts and in so doing caused the plaintiffs’ injuries. [29] Hostage-Taking. The FSIA defines ‘‘hostage-taking’’ by reference to the International Convention Against the Taking of Hostages, which defines the term as when one ‘‘seizes or detains and threatens to kill, to injure or to continue to detain another person TTT to compel a third party TTT to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage.’’ International Convention Against the Taking of Hostages art. 1, Dec. 18, 1979. The North Koreans detained the crew members, regularly threatened to kill or injure them, and used their capture as leverage to compel the United States to make a false confession as a condition of their release. Pls.’ Ex. 5 at 1628. North Korea committed acts of hostage taking. See Massie, 592 F. Supp. 2d at 74. [30] Torture. The FSIA defines ‘‘torture’’ as any act, directed against an individual in the offender’s custody or physical control, by which severe pain or suffering TTT whether physical or mental, is intentionally inflicted on that individual for 11, 15–18, 23, 25–26; id. Vol. 7 at 187–191, 195–197, 208–210, 212–217; id. Vol. 8 at 226, such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind. 28 U.S.C. § 1605A(h)(7) (citing Torture Victim Protection Act of 1991, Pub. L. No. 102–256, 106 Stat. 73, § 3(b)(1) (1992), codified at 28 U.S.C. § 1350 (note § 3(b)(1))). The crew members were kept in North Korea’s custody in detention centers, endured intense pain and suffering intentionally inflicted upon them, and were intimidated into participating in North Korean propaganda and making false confessions. See supra Part II.B. North Korea committed acts of torture. See Massie, 592 F. Supp. 2d at 66. [31, 32] Extrajudicial Killing. The FSIA’s definition of ‘‘extrajudicial killing,’’ taken from the Trafficking Victims Protection Act, ‘‘contains three elements: (1) a killing; (2) that is deliberated; and (3) is not authorized by a previous judgment pronounced by a regularly constituted court.’’ Owens I, 864 F.3d at 770. [Redacted]. Their ships’ coordinated maneuvering and shelling reflected the ‘‘preparation, meticulous timing, and coordination’’ required to show deliberation. Id. And their attack was ‘‘neither authorized by any court nor by the law of nations.’’ Id. Nor was the Pueblo ‘‘engaged in combat operations,’’ leaving ‘‘no colorable argument’’ that the killing was acceptable under international law. Worley, 75 F. Supp. 3d at 325. North Korea committed an act of ‘‘extrajudicial killing.’’ 230; id. Vol. 10 at 52, 61, 63, 67–68.

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