Blog: Ariel Nelson
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April 15, 2015
April 16, 2015
“Should There Be Liability If…”
Join Tyler Giannini and Ariel Nelson of the International Human Rights Clinic at Harvard Law School for a discussion about the live issues in Alien Tort Statute (ATS) litigation, including whether torturers and other human rights abusers can use U.S. soil to shield themselves from accountability. Giannini and Nelson will examine current trends in the courts in the wake of the Supreme Court’s decision in Kiobel in 2013. Since that time, the Clinic has authored numerous amicus briefs in major ATS cases around the country, and is co-counsel in two major ATS cases—one stemming from corporate complicity in Apartheid-era crimes and the other involving alleged extrajudicial killings that occurred in Bolivia in 2003.
January 29, 2015
Posted by Tyler Giannini and Susan Farbstein
The Clinic and our partners filed an opening brief yesterday in the Second Circuit in an appeal in In re South African Apartheid Litigation. The case, which is being litigated under the Alien Tort Statute, seeks relief against IBM and Ford for assisting and supporting human rights violations committed in apartheid South Africa.
Back in August, the district court dismissed the case when the court denied Plaintiffs’ motion for leave to file an amended complaint against these two U.S. Defendants. The lower court reasoned that the claims did not sufficiently “touch and concern” the territory of the United States, as required by the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, which established a presumption against extraterritoriality in ATS cases.
On appeal, Plaintiffs contend that the lower court failed to undertake the necessary inquiry into the U.S. Defendants’ own conduct in the United States, and instead focused only on actions that took place in South Africa. The proposed amended complaint contains detailed new allegations about how, from the United States, both Defendant corporations aided and abetted the South African security forces and government to commit human rights violations over several decades. Defendants will file their opposition brief in the coming months.
Clinical students Ariel Nelson, J.D. ’15, Brian Klosterboer, J.D. ’16, and Peter Stavros, J.D. ’16, contributed research and drafting for the brief.
November 6, 2013
Posted by Betsey Boutelle, JD '14
The International Human Rights Clinic filed an amici curiae brief yesterday on behalf of legal historians in one of the first major Alien Tort Statute (ATS) cases to reach a court of appeals since the U.S. Supreme Court ruled in Kiobel v. Royal Dutch Petroleum Co in April.
The case, Al Shimari v. CACI Premier Technology, Inc., alleges that employees of CACI, a private military contractor, participated in the torture and degrading treatment of detainees at Iraq’s Abu Ghraib prison in 2003 and 2004. The four plaintiffs in the case were detained in Abu Ghraib during that time and allege that they suffered abuses at the express command of several CACI employees operating in the prison.
In June, a Virginia district court dismissed the plaintiffs’ claims. The court believed that Kiobel foreclosed ATS liability for international law violations committed outside the United States—even when the defendants are American. The Al Shimari plaintiffs have now appealed to the Fourth Circuit, arguing that Kiobel’s limit on extraterritorial ATS claims does not apply, because their case involves U.S. defendants operating in American-controlled territory.
Six professors of legal history signed the amicus brief, arguing that the history and purpose of the ATS clearly indicates that the Founders would have allowed claims against U.S. citizens. Jurisprudence dating back to the 17th century shows that sovereign nations were expected to provide a remedy when their subjects committed violations of the law of nations, wherever the wrongs occurred.
The Founders knew the consequences of condoning violations by U.S. actors. Failure to provide redress could cause conflict and even war, and thus threaten the young nation. The ATS was one important mechanism to help avoid conflict and to bring the fledgling Republic in line with the expectations of the community of nations. In the brief, amici argue that to exclude violations by U.S. actors, wherever they might occur, would contravene the aims of the Founders when they enacted the statute.
The brief was signed by professors of legal history William R. Casto (Texas Tech University School of Law), Martin S. Flaherty (Fordham Law School), Nasser Hussain (Amherst College), Stanley M. Katz (Princeton University), Michael Lobban (London School of Economics), and Jenny S. Martinez (Stanford Law School).
Led by Clinical Professor Tyler Giannini and Poppy Alexander, JD ’12, clinical students Betsey Boutelle, JD ’14, Avery Halfon, JD ’15, Lynnette Miner, JD ’14, Ariel Nelson, JD ’15, and Oded Oren, JD ’15, all contributed many long hours to the effort.
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