Blog: Amicus Curiae brief
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December 9, 2020
HLS student clinical team submits Supreme Court amicus brief on behalf of legal historians
On Dec. 1, 2020, the Supreme Court of the United States heard oral arguments in Nestlé v. Doe and Cargill v. Doe—a pair of corporate human rights cases against U.S.-based chocolate companies for their role in aiding and abetting child slavery in West Africa. Despite repeated promises from chocolate companies to curtail the practice, the problem remains far from fixed, with some estimates finding as many as 1.56 million children aged five to seventeen forced to harvest cocoa in Côte d’Ivoire and Ghana in 2018 and 2019 alone. The plaintiffs are six former child slaves who allege they were trafficked from Mali and forced to work in Côte d’Ivoire cocoa farms. The plaintiffs make use of the Alien Tort Statute (ATS), a provision of the First Judiciary Act of 1789 that has allowed foreign nationals to pursue accountability for human rights violations in U.S. courts over the past several decades.
In October, the International Human Rights Clinic at Harvard Law School filed an amicus curiae brief on behalf of legal historians in the consolidated cases against the chocolate companies. A student clinical team—Emily Ray ’21, Jasmine Shin ’21, Allison Beeman ’22, and Zarka Shabir ’22—under the supervision of Tyler Giannini, clinic co-director, worked with the amici on the brief. Amici were Professors Barbara Aronstein Black, Columbia Law School, Nikolas Bowie ’14, Harvard Law School, William R. Casto, Texas Tech University School of Law, Martin S. Flaherty, Fordham School of Law, David Golove, New York University Law School, Eliga H. Gould, University of New Hampshire, Stanley N. Katz, Princeton University, Samuel Moyn ’01, Yale Law School, and Anne-Marie Slaughter ’85, Princeton University and CEO of New America.
The Human Rights Program (HRP) at HLS spoke with the team about the ATS, their brief, and why the SCOTUS argument matters for human rights and corporate accountability.
Human Rights Program: What is at stake in the case?
Emily Ray: The ATS has been a key tool for many survivors of human rights abuses who have been unable to find justice in domestic court systems in their own countries or through international bodies like the International Criminal Court. For years, the ATS was groundbreaking because it allowed foreign plaintiffs to bring civil claims in U.S. courts for torts that violate the law of nations. The Supreme Court has placed restrictions in recent years on the statute, and this case decides, among other issues, whether the ATS can be used to bring cases against American corporations who have perpetrated or assisted in the perpetration of human rights abuses around the world. What the Supreme Court decides will have far reaching effects on that question.
Zarka Shabir: For me, what’s at stake is the idea that a U.S. corporation can be held liable in the United States for its involvement in rights violations regardless of where it commits them. It’s the idea that a corporation cannot, simply by virtue of being a corporation, violate accepted international law with impunity. One of the questions in the case is whether the ATS should permit claims against natural persons but not corporate entities, as Nestlé and Cargill have argued. During oral arguments, several Justices pressing counsel for the companies and the U.S. government on that point. Across the globe, an increasing number of countries have recognized that corporations cannot be left immune and without scrutiny. This case presents an opportunity for the United States to stay on track with this global trend.
Tyler Giannini: One of the reasons the First Congress passed the ATS was to send a signal to other nations that the United States would uphold the rule of law and that it could be trusted as part of the international community. This was especially true as a young nation at the time. While it’s no longer a new nation, the question of whether the U.S. will uphold basic principles of law and human rights has come under scrutiny again in recent years. As we said in the brief, it’s well established that a nation should hold its own citizens to account and not let action on its territory offend other countries and accepted international norms. The Court has the chance to affirm this idea in this case and to make clear that U.S. corporations can’t aid abuses like child slavery.
Jasmine Shin: Simply put, what’s at stake in this case is justice for the six plaintiffs who were trafficked and forced to endure unimaginable conditions. This case was first filed fifteen years ago, and these plaintiffs, who are now in their thirties, have not been able to have their day in court.Continue Reading…
August 25, 2020
Posted by Dana Walters
If everything had gone according to schedule, the International Human Rights Clinic (IHRC) would have filed an amicus curiae brief in December 2019 in a case against Chiquita Brands International, the world’s largest banana company. The suit, on behalf of families who suffered mass atrocities by paramilitary groups during the Colombian armed conflict, seeks accountability for the reign of terror Chiquita aided and abetted from 1997 to 2004.
However, after several delays and further challenges caused by the pandemic, the clinic and the Center for Justice and Accountability (CJA) finally filed the brief on behalf of human rights experts on June 5, 2020. The process included dozens of drafts and memos, multiple back-and-forths with amici, and hundreds of hours of time of a dozen alumni and students in multiple time zones. The amicus brief is one small part of a larger, evolving corporate accountability litigation landscape, one in which the clinic has been involved for decades. In a globalized economy where supply chains are diffused, attorneys and affected communities have sought to use U.S. courts to stop U.S. corporations and executives from assisting in violating human rights abroad.
“Chiquita and cases like it present a central question facing U.S. courts today—whether the United States is going to become a safe haven for U.S. corporations implicated in human rights violations outside the country,” said Tyler Giannini, co-director of Harvard Law School’s Human Rights Program (HRP) and the IHRC.Continue Reading…
February 4, 2011
Posted by Susan Farbstein
The International Human Rights Clinic filed another amicus curiae brief in a major corporate Alien Tort Statute (ATS) case today. The case, Boimah Flomo v. Firestone Natural Rubber Co., brings claims for child labor on Firestone’s rubber plantation in Liberia, alleging that children as young as five were forced to work long hours; to use dangerous tools and hazardous chemicals that often caused serious injury; and that many were unable to pursue their education as a result of this forced labor.
The Clinic’s amicus brief, filed with the Seventh Circuit on behalf of professors of legal history, argues that the history and purpose of the ATS support what the text explicitly provides: jurisdiction extends to all causes in which an alien sues for a tort in violation of international law, including cases against corporate defendants. Two other amicus briefs in support of the appeal were filed on behalf of Nuremberg scholars and international law scholars.
As usual, our brief was a team effort. Tyler Giannini and I worked with clinical students Poppy Alexander, JD ’12, Michael Gibaldi, JD ’12, Ryan Mitchell, JD ’12, Lina Peng, JD ’12, and Marissa Vahlsing, JD ’11, who all contributed to the process.Continue Reading…
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