DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 414 F.Supp.3d 109 (D.D.C. 2019) tates, where North Koreans detained servicemembers, regularly threatened to kill or injure them, and used kidnapping as leverage to compel the United States to make a false confession as a condition of their release. 28 U.S.C.A. § 1605A(c). 30. International Law O447 North Korea committed acts of torture, for purposes of action under terrorism exception to Foreign Sovereign Immunities Act (FSIA) brought against North Korea by former United States servicemembers, who were kidnapped, imprisoned, and tortured by agents of North Korea, as well as their families and estates, where servicemembers were kept in North Korea’s custody in detention centers, enduring intense pain and suffering intentionally inflicted upon them, and were intimidated into participating in North Korean propaganda and making false confessions. 28 U.S.C.A. §§ 1350, 1605A(h)(7). 31. International Law O448 North Korea committed an act of extrajudicial killing, for purposes of action under terrorism exception to Foreign Sovereign Immunities Act (FSIA) brought against North Korea by former United States servicemembers, who were kidnapped, imprisoned, and tortured by agents of North Korea, as well as their families and estates, where North Korea’s ships’ coordinated maneuvering and shelling of vessel from which servicemembers were kidnapped, which resulted in the death of one crew member who was hit by a shell, reflected the preparation, meticulous timing, and coordination required to show deliberation, the attack was neither authorized by any court nor by any law of nations, and vessel from which servicemembers were kidnapped was not engaged in combat operations when attacked. 28 U.S.C.A. § 1605A(c). 113 32. International Law O448 The definition of ‘‘extrajudicial killing,’’ for purposes of requirement that an act of hostage-taking, torture, or extrajudicial killing caused the injuries giving rise to a private cause of action under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA), 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. 28 U.S.C.A. § 1605A(c). See publication Words and Phrases for other judicial constructions and definitions. 33. International Law O431 The Foreign Sovereign Immunities Act (FSIA) requires plaintiffs to prove a theory of liability found in well-established principles of law. 28 U.S.C.A. § 1604. 34. International Law O446 North Korea was liable to former United States servicemembers and their estates for assault, for purposes of action brought by former servicemembers and estates against North Korea under terrorism exception to Foreign Sovereign Immunities Act arising from kidnapping, imprisonment, and torture of servicemembers by agents of North Korea, where North Koreans repeatedly beat, kicked, spat on, and interrogated servicemembers, accused them of being spies, denied them medical attention, and threatened their lives, causing them to fear death and further violence. 28 U.S.C.A. § 1605A(c). 35. International Law O440, 446 Assault, for purposes of a claim under the Foreign Sovereign Immunities Act (FSIA), which requires that a theory of liability be found in well-established principles of law, occurs when one person acts intending to cause a harmful or offensive contact with the person of the other or an