JAG CENTRAL

According to this article from the AP:

An appeals court panel threw out a $959 million verdict Friday for U.S. prisoners of war who say they were tortured by the Iraqi military during the 1991 Gulf War, ruling Congress never authorized such lawsuits against foreign governments.

The U.S. Court of Appeals for the D.C. Circuit overturned a lower court ruling that said 17 former POWs and 37 family members were entitled to the damages under a federal statute allowing suits involving countries which financed or aided terrorists.

The three-judge panel said the statute only allows lawsuits for pain and suffering if they are filed against agents and officers of those foreign states responsible for the torture who are not acting on behalf of their government.

Thus, even though the lawsuit also names Saddam Hussein, he is immune because the POWs sued him for his alleged activities as Iraq's president, the panel said.

You can find the opinion in Acree v. Republic of Iraq here.