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US Supreme Court refuses to open US courts to the world

By C. J. Refsland on April 22, 2013 • ( 0 )

The court declared that a 1789 law called the Alien Tort Statute does not allow foreigners to sue in American courts to seek redress “for violations of the law of nations occurring outside the United States.”

The Supreme Court sharply limited federal courts’ jurisdiction over human-rights abuses that occur overseas, ruling that an 18th century statute authorizing foreigners to sue over international-law violations covers only acts linked to U.S. territory.

In recent decades the tort industry has tried a novel legal theory to throw open U.S. courts to foreign plaintiffs with grievances against other foreigners. On Wednesday the Supreme Court took a definitive step to end that.

Chief Justice Roberts said that United States law did not govern the world and that allowing some kinds of cases to be heard in American courts would interfere with the nation’s foreign policy.

The US Supreme Court ruled unanimously Wednesday in Kiobel v. Royal Dutch Petroleum that nothing in the Alien Tort Statute of 1789 (ATS) rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas cannot be brought in US Court.

The court dismissed a suit against Royal Dutch Shell PLC. Nigerian refugees alleged that Shell had aided and abetted the Nigerian government in human-rights abuses while suppressing protests against Shell’s operations in the West African nation.

Accord¬ing to petitioners, respondents violated the law of nations by aiding and abetting the Nigerian Government in com¬mitting (1) extrajudicial killings; (2) crimes against hu¬manity; (3) torture and cruel treatment; (4) arbitrary arrest and detention; (5) violations of the rights to life, liberty, security, and association; (6) forced exile; and (7)property destruction.

Chief Justice Roberts opined: Nothing in the text of the statute suggests that Congress intended causes of action recognized under it to have extraterritorial reach. The ATS covers actions by aliens for violations of the law of nations, but that does not imply extraterritorial reach—such violations affecting aliens can occur either within or outside the United States. Nor does the fact that the text reaches “any civil action” suggest application to torts committed abroad; it is well established that generic terms like “any” or “every” do not rebut the presumption against extraterritoriality.

Asian Tribune.