Alien Tort Statute (ATS)

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The U.S. Supreme Court is shown at dusk on June 28, 2023 in Washington, DC. (Photo by Drew Angerer/Getty Images)

The Oral Argument in Cisco

SCOTUS oral arguments on aiding and abetting liability for US companies that facilitate atrocities abroad highlighted cross-cutting legal views amongst the Justices
Supporters of Falun Gong gather outside the Chinese Embassy in elaborate satin costumes ready to march to Trafalgar Square on May 11, 2024 in London, England. (Photo by Martin Pope/Getty Images)

Cisco’s Real Stakes: Digitally Aiding and Abetting

The Supreme Court should dismiss cert in Cisco to avoid immunizing U.S. corporations who actively aid and abet atrocities.
Wide shot ​view of the entrance to Abu Ghraib prison west of Baghdad ​on May​ 2, 2004, showing high concrete walls, a central gate, and a watchtower under a hazy sky​.

Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case

​In Al Shimari,​ the Fourth Circuit affirmed ​two Alien Tort Statute claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment.
two fishermen in the foreground, the USSS Gravely in the background, on the open sea.

Can the U.S. Government Be Sued for Wrongful Death in a Caribbean Boat Strike?

In Burnley v. United States, relatives sue on behalf of two Trinidadian men killed in a boat strike, confronting U.S. sovereign immunity and the political question doctrine.
A courtyard in the Abu Ghrab is shown with prisoner cells on the sides. The photo is taken from behind a gate.

Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases

The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
A large number of yellow bananas sit on green shelves in a grocery store. A sign above the bananas states "Premium Bananas" with the logo for Chiquita Bananas.

The Chiquita Verdict Expands International Human Rights Liability for Corporate Conduct Abroad

A recent verdict may have substantial ramifications for the future of international human rights litigation in U.S. Courts.
Candles and flowers are placed in front of a portrait of Lasantha Wickrematunge.

15 Years Later, Sri Lanka Continues to Deny Justice to Murdered Journalist

Lasantha’s murder, and the government’s failure to meaningfully investigate it, is a potent illustration of the importance and necessity of holding the perpetrators of crimes…
Close shot of Eli Rosenbaum

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law

Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.
An image of the episode title with sound waves underneath.

The Just Security Podcast: The Mayor of Les Irois

Determined victims and creative lawyers used a U.S, law, the Torture Victims Protection Act, to hold a powerful mayor accountable.
Close shot of Eli Rosenbaum

Congress Should Close the ‘Crimes Against Humanity’ Loophole

Former U.S. Ambassador at Large for War Crimes David J. Scheffer and Kristin Smith on whether U.S. law is adequately equipped to investigate and prosecute atrocities as Congress…
A woman walks past a damaged building in Lyman, Donetsk region.

Why We Need the Alien Tort Statute Clarification Act Now

"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
Secretary of State Mike Pompeo and MBS sit opposite each other in chairs in front of Saudi flag

Is MBS Entitled to Head of State Immunity?

A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
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