DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 414 F.Supp.3d 109 (D.D.C. 2019) 42. Damages O57.25(1), 57.29 North Korea was liable to former United States servicemembers and their estates for intentional infliction of emotional distress, 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 for eleven months, the servicemembers were forced to watch the North Koreans torture their fellow detainees while anticipating their own forthcoming torture or possible execution, and when servicemembers returned home, the trauma that they suffered at the hands of North Korea left lasting psychological damage, including many cases of post-traumatic stress disorder. 28 U.S.C.A. § 1605A(c). 43. Damages O57.22 One who by extreme and reckless conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, for purposes of a claim of infliction of emotional distress under the Foreign Sovereign Immunities Act (FSIA), which requires that a theory of liability be found in well-established principles of law. 28 U.S.C.A. § 1604. 44. Damages O57.22 Acts of terrorism are by their very definition extreme and outrageous and intended to cause the highest degree of emotional distress, as required for purposes of a claim of infliction of emotional distress under the Foreign Sovereign Immunities Act (FSIA). 28 U.S.C.A. § 1604. 45. Damages O57.23(1) The intensity and the duration of the distress are factors to be considered in determining its severity, for purposes of a claim of infliction of emotional distress un- 115 der the Foreign Sovereign Immunities Act (FSIA), which requires that a theory of liability be found in well-established principles of law. 28 U.S.C.A. § 1604. 46. Damages O57.29 North Korea was liable to family members and estates of former United States servicemembers for solatium damages, for purposes of action brought by family members 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 family members were all either spouses, siblings, or children of servicemembers, making them immediate family to servicemembers, and the uncontroverted evidence demonstrated that North Korea’s actions were extreme and outrageous and intended to cause, and did cause, extreme distress and terror in the families of the servicemembers. 28 U.S.C.A. § 1605A(c). 47. Damages O57.20 Under the Foreign Sovereign Immunities Act (FSIA), solatium is indistinguishable from an intentional infliction of emotional distress claim. 28 U.S.C.A. § 1604. 48. Damages O57.27 Terrorism, unique among the types of tortious activities in both its extreme methods and aims, is easily a circumstance under which someone not present at the time may claim solatium or intentional infliction of emotional distress, for purposes of a claim of intentional infliction of emotional distress or solatium under the Foreign Sovereign Immunities Act (FSIA), which requires that a theory of liability be found in well-established principles of law. 28 U.S.C.A. § 1604.