August 11, 2014
Clinic Files Proposed Amended Complaint in the Apartheid Litigation
Posted by Susan Farbstein and Tyler Giannini
Last Friday, the International Human Rights Clinic filed a proposed amended complaint in the Apartheid Litigation against two defendants, Ford and IBM.
The amended complaint demonstrates how the claims “touch and concern” the United States as required by the Supreme Court’s Kiobel decision, as well as how the Defendants acted with the purpose to aid and abet the South African government’s violations of international law, as required by the Second Circuit’s Talisman decision. In particular, the complaint alleges that, through policies and decisions made in the United States, Defendant Ford directed and controlled the sale of specialized vehicles to the South African security forces to suppress the black population, while Defendant IBM created and maintained an identity card system to denationalize the black population.