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Kenneth Bae v. Democratic People's Republic of Korea — D.C. Cir. (argued September 14, 2026)

No. 25-7132 Argued September 14, 2026 Published September 15, 2026

The D.C. Circuit hears Kenneth Bae's case against North Korea. North Korea detained Bae for about two years, sentenced him to fifteen years of hard labor, and released him in 2014. Bae later sued North Korea over his imprisonment and treatment. The Foreign Sovereign Immunities Act normally shields foreign governments from suit, but includes an exception for certain terrorism claims. North Korea was removed from the state-sponsor list in 2008 and returned in 2017. The district court ruled against Bae, and he appealed. The question is whether Bae's detention helped cause that redesignation under the statute.

Kenneth Bae v. Democratic People's Republic of Korea (No. 25-7132) — U.S. Court of Appeals for the D.C. Circuit, argued September 14, 2026.

Sources
Argument audio — U.S. Court of Appeals for the D.C. Circuit (public domain, 17 U.S.C. § 105):https://media.cadc.uscourts.gov/recordings/docs/2026/09/25-7132.mp3
Argument listing — U.S. Court of Appeals for the D.C. Circuit:https://media.cadc.uscourts.gov/recordings/bydate/2026/9
Appellate docket — Justia:https://dockets.justia.com/docket/circuit-courts/cadc/25-7132
Kenneth Bae litigation background — Voice of America:https://www.voanews.com/a/usa_suing-north-korea-presents-legal-logistical-hurdles/6203816.html
Private litigation against North Korea — National Committee on North Korea:https://www.ncnk.org/resources/briefing-papers/all-briefing-papers/private-litigation-against-north-korean-government
Kenneth Bae detention and sentence — Obama White House archive:https://obamawhitehouse.archives.gov/photos-and-video/video/2014/02/06/president-obama-speaks-2014-national-prayer-breakfast/index__q_page=3.html
Kenneth Bae release — Obama White House archive:https://obamawhitehouse.archives.gov/the-press-office/2014/11/10/press-gaggle-senior-administration-official-director-clappers-trip-north
28 U.S.C. § 1605A — U.S. House:https://uscode.house.gov/view.xhtml?req=%28title%3A28%20section%3A1605A%20edition%3Aprelim%29

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