Which Torts in Violation of the Law of Nations?
10 Pages Posted: 7 May 2002 Last revised: 22 Dec 2015
Date Written: 2001
Abstract
The Alien Tort Statute, 28 U.S.C. Section 1350, grants federal district courts original jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." Since Filartiga v. Pena-Irala, federal courts have relied on this provision to hear claims for human rights abuses committed abroad. However, most courts have limited jurisdiction under the statute to violations of customary international law that are "universal, definable, and obligatory" or to violations of jus cogens norms. This paper argues that the statute should be read, in accordance with its plain language, to extend to all torts in violation of customary international law.
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