Kara Sears
The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act (ATCA), is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort committed in violation of international law or a US treaty. The ATS has been an important tool for victims of human rights abuses, including torture, crimes against humanity, and genocide, to seek justice and hold human rights abusers accountable. The ATS has been the basis of suits against individuals and corporations for complicity in human rights violations, with courts holding that corporations can be held liable for the most serious abuses. However, there have been limitations placed on ATS lawsuits, with the US Supreme Court ruling that they must have a substantial connection to the United States. The interpretation and application of the ATS have evolved over time, with ongoing debates and case law shaping its scope and impact.
| Characteristics | Values |
|---|---|
| Common Name | Alien Tort Claims Act |
| US Code | 28 U.S.C. § 1350 |
| Jurisdiction | Federal district courts have original jurisdiction |
| Applicability | Civil actions where an alien sues for a tort |
| Violations | Violation of the law of nations or a treaty of the United States |
| Scope | Universal jurisdiction over violations of international law |
| Limitations | Only for violations occurring within the United States |
| Defendants | Natural and legal persons, but not state governments |
| Corporate Liability | Varying rulings, with some courts allowing it |
| Specificity | Conduct must be "universally condemned as cruel, inhuman, or degrading" |
| Human Rights | Used to address torture, crimes against humanity, and genocide |
| Recent Cases | Kiobel v. Royal Dutch Petroleum Co., Jesner v. Arab Bank, Nestlé USA, Inc. v. Doe |
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What You'll Learn
The Alien Tort Statute's historical context
The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act, was passed by the First US Congress in 1789 as part of the Judiciary Act. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort committed "in violation of the law of nations or of a treaty of the United States".
The First Congress wanted to ensure that lawsuits involving international law would be heard in federal courts before experienced judges, not in state courts, which might produce conflicting and confusing results. This was vital to prove to the rest of the world that the young United States was a law-abiding country, fulfilling its obligations under international law.
The ATS was largely ignored for two hundred years, but in the 1980s, it took on new significance as a tool for victims of human rights abuses to seek justice. In the case of Filártiga v. Pena-Irala, the U.S. Court of Appeals for the Second Circuit determined that the ATS may be used to bring claims for significant human rights abuses such as torture. The court held that the ATS, which allowed jurisdiction in the federal courts over a suit between two aliens, was a constitutional exercise of Congress's power because "the law of nations... has always been part of the federal common law".
Since the 1980s, the ATS has been used in several cases to hold human rights abusers accountable, including in cases against corporations. However, the corporate lobby has devoted enormous energy and resources to undermining the ATS. In recent years, the Supreme Court has restricted the ATS's ability to grant jurisdiction over corporations, holding that foreign corporations may not be sued under the ATS.
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The statute's application to corporations
The Alien Tort Statute (ATS) is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law. The statute gives federal courts jurisdiction over civil tort actions brought by aliens in violation of the laws of nations or treaties of the United States.
The ATS's application to corporations has been a subject of debate and has been addressed in several court cases. In Doe v. Unocal, EarthRights filed a case on behalf of Myanmar (Burmese) villagers who were enslaved, tortured, and raped by Myanmar military forces providing security for Unocal’s pipeline. The case was the first ATS case filed against a corporation and established that corporations and their executives could be held legally responsible under the ATS for violations of international human rights law.
However, in Nestlé USA, Inc. v. Doe, the Supreme Court declined to apply the ATS to general corporate activity in the United States, holding that the ATS cannot be used to sue corporations for overseas conduct simply because a defendant-corporation operates within the United States. The Court clarified that a petitioner must plead facts in sufficient detail beyond "operational decisions" relevant to the focus of the statute.
In another case, Kiobel v. Royal Dutch Petroleum Co., the United States Supreme Court held that the ATS only grants jurisdiction for violations of international law occurring within the United States. The Second Circuit Court of Appeals has also held that corporations cannot be held liable for violations of customary international law, finding that under international law, "corporate liability is not a discernible—much less a universally recognized—norm of customary international law".
In contrast, in Doe v. Exxon Mobil Corp., the D.C. Circuit Court of Appeals explicitly stated that it disagreed with the Second Circuit, holding that "neither the text, history, nor purpose of the ATS supports corporate immunity for torts..." The court held that the ATS can apply to corporations if they commit the most serious abuses or if they "aid and abet" abuses by government officials.
Overall, while there have been differing opinions among the courts, the recent trend suggests a restriction on the ATS's ability to grant jurisdiction against corporations, particularly in cases involving general corporate activity or overseas conduct.
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The role of federal courts
The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act, is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort committed in violation of international law or a treaty of the United States.
The First Congress wanted to ensure that lawsuits involving international law and international issues would be heard in federal courts, before experienced judges, rather than in state courts, which might produce conflicting and confusing results. This was vital to prove to the rest of the world that the young United States was a law-abiding country, fulfilling its obligations under international law.
The ATS has been an important tool for victims and survivors of horrific abuses, including torture, crimes against humanity, and genocide, to seek justice and hold human rights abusers accountable. The ATS has been used to bring claims for significant human rights abuses, such as in the case of Filártiga v. Pena-Irala, where the U.S. Court of Appeals for the Second Circuit determined that the ATS could be used to bring claims for torture.
Federal courts have also played a significant role in interpreting and applying the ATS in various cases. For example, in Doe v. Exxon Mobil Corp., the D.C. Circuit Court of Appeals held that the ATS does not support corporate immunity for torts. In Jesner v. Arab Bank, PLC, the Supreme Court held that the ATS may not grant jurisdiction over foreign corporations. Federal courts have also ruled on the specific conduct that falls under the ATS, such as in Doe v. Qi, where the District Court for the Northern District of California defined "specificity" broadly to include acts that are ""universally condemned as cruel, inhuman, or degrading."
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Limitations of the statute
The Alien Tort Statute (ATS) is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law. The statute has faced several limitations since its enactment in 1789.
Firstly, the ATS has limited applicability to cases involving corporations. While the ATS initially allowed for lawsuits against corporations, the Supreme Court has recently restricted its scope in this regard. In Jesner v. Arab Bank, PLC, the Court held that the ATS does not grant jurisdiction over foreign corporations. Similarly, in Nestlé USA, Inc. v. Doe, the Court ruled that the ATS cannot be used to sue corporations for conduct outside the United States, even if the corporation operates within the country. These decisions highlight a growing trend of corporate immunity from ATS lawsuits.
Secondly, the ATS has a territorial limitation, as it only applies to violations of international law occurring within the United States. This limitation was established in Kiobel v. Royal Dutch Petroleum Co., where the Supreme Court held that the ATS's focus is on domestic conduct. This means that plaintiffs must demonstrate that the relevant conduct or decision-making occurred within the US for their claims to succeed.
Thirdly, the ATS does not provide a clear definition of what constitutes "cruel, inhuman, or degrading conduct." While some courts have interpreted this broadly, others have struggled to define these terms, making it challenging for plaintiffs to establish their claims.
Additionally, the ATS does not allow for lawsuits against state governments due to sovereign immunity. This limitation was affirmed in Sosa v. Alvarez-Machain, where the Supreme Court held that ATS claims are precluded against state entities, further narrowing the scope of the statute.
Finally, the ATS has faced limitations in its ability to address human rights issues in supply chains. While litigation and enforcement in this area are increasing, it is often pursued under different legal frameworks, such as state consumer protection statutes or the Trafficking Victims Protection Reauthorization Act (TVPRA). These limitations highlight the ongoing challenges in utilizing the ATS as a comprehensive tool for addressing human rights abuses.
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The statute's application to human rights abuses
The Alien Tort Statute (ATS) is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law. The ATS has been an important tool for victims and survivors of human rights abuses, including torture, crimes against humanity, and genocide, to seek justice and hold human rights abusers accountable.
The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort "committed in violation of the law of nations or of a treaty of the United States." This means that it allows federal courts to hear cases involving international law and international issues, ensuring that these cases are heard before experienced judges. The ATS has been used to bring claims for significant human rights abuses, such as torture, crimes against humanity, genocide, summary execution, slavery, war crimes, and state-sponsored sexual violence.
One example of the ATS being applied to human rights abuses is the case of Filártiga v. Pena-Irala, where the US Court of Appeals for the Second Circuit determined that the ATS could be used to bring claims for human rights abuses. The court held that the contemporary law of nations had expanded to prohibit state-sanctioned torture and that the right to be free from torture had become a principle of customary international law. This case established that the ATS could be used to hold individuals accountable for human rights abuses.
Another example is the case of Doe v. Unocal, where EarthRights filed a lawsuit on behalf of Myanmar (Burmese) villagers who were enslaved, tortured, and raped by Myanmar military forces providing security for Unocal's pipeline. This was the first ATS case filed against a corporation and established that corporations and their executives could be held legally responsible under the ATS for violations of international human rights law. The case was settled out of court in 2005, and since then, courts have recognized that ATS cases can proceed against corporations if they commit serious abuses or "aid and abet" abuses by government officials.
In addition to cases against individuals and corporations, the ATS has also been used to hold foreign corporations accountable for human rights abuses. For example, in the case of Nestle (2021), the Court held that plaintiffs must allege more domestic conduct than general corporate activity to support a domestic application of the ATS. This case involved Chinese practitioners of Falun Gong who brought claims against Cisco for aiding and abetting human rights violations by designing and building a vast surveillance system used by the Chinese government.
Overall, the ATS has been an important tool for victims and survivors of human rights abuses to seek justice and hold accountable those responsible, including individuals, corporations, and foreign corporations. However, it is important to note that there have been limitations placed on ATS lawsuits, such as the requirement that they must "touch and concern" the United States, and that corporate immunity has been a contentious issue in ATS cases.
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Frequently asked questions
The Alien Tort Statute, also known as the Alien Tort Claims Act, is a United States law that allows non-US citizens to file lawsuits in US federal courts for certain violations of international law.
The ATS covers violations of international law, including torture, crimes against humanity, war crimes, and genocide. It also covers extrajudicial killings, defined as deliberate killings not authorised by a court that are not lawfully carried out under the authority of a foreign nation.
The ATS grants jurisdiction over civil actions where an alien sues for a tort committed in violation of international law or a treaty of the United States. This can include lawsuits against both natural persons and legal persons, but claims against state governments are precluded by sovereign immunity. There is disagreement among courts on whether corporations can be held liable under the ATS.
Notable cases involving the ATS include Kiobel v. Royal Dutch Petroleum Co., Sosa v. Alvarez-Machain, Doe v. Exxon Mobil Corp., Jesner v. Arab Bank, PLC, Nestlé USA, Inc. v. Doe, Doe v. Unocal, Bowoto v. Chevron, Wiwa v. Shell, and Doe v. Chiquita.
