Alien Tort Statute (ATS)
73 Articles
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
Ukraine Update: the ICJ Proceedings & Options for Justice in the United States
With the Congressional hearings on Russia dominating the news, this post provides an update on proceedings before the International Court of Justice (ICJ) in the matter of Ukraine…
Judge (Justice?) Merrick Garland & International Law
I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
One-and-a-Half Cheers for Salim v. Mitchell
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Will Filartiga Survive?
On September 16, the Fourth Circuit will hear oral argument in Warfaa v. Ali, a case brought by the Center for Justice and Accountability under the Alien Tort Statute (ATS) and…
The Provision of Means: Dual Use Goods & Corporate Liability
This is Part III of a series on the Doe v. Cisco case pending in the Northern District of California and involving claims that Cisco should be liable for aiding and abetting the…
Doe v. Cisco: The Legal Issues
Part 1 of this post introduced a set of cases against Cisco Systems, which has been sued for being complicit in the design and implementation of China’s Golden Shield surveillance…
Salvadoran General Deemed Deportable In the Absence of Criminal Charges
UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
Supreme Court Denies Cert in Samantar v. Yousuf
On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity
Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…
Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel
Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…
The Charles Taylor Appeal & The Scope of Accomplice Liability
I earlier flagged the release of the Charles Taylor appeals judgment. This post deconstructs the opinion more closely in light of the Perišić precedent and also addresses the…