Court OKs Foreign-Abuse Suits
Wed, 30 Jun 2004
Los Angeles Times
Court OKs Foreign-Abuse Suits
Justices say a 1789 law permits a narrow class of such lawsuits.
Ruling may affect a Unocal case.
By Lisa Girion
Times Staff Writer
June 30, 2004
The U.S. Supreme Court ruled Tuesday that foreigners can file
lawsuits in American courts to address some abuses overseas, a
decision legal experts said may provide an opening for human rights
cases filed against Unocal Corp. and other companies to move forward.
By a 6-3 vote, the justices said the Alien Tort Claims Act of 1789
permits foreigners to sue in the U.S. for violations of certain
international laws. The decision was the court's first major ruling
on the obscure law that has been used successfully by Holocaust
survivors and relatives of people tortured or killed under
In the majority opinion written by Justice David H. Souter, the court
said the door to alien tort suits "is still ajar subject to vigilant
doorkeeping, and thus open to a narrow class of international norms
Business groups had hoped the Supreme Court would eliminate the use
of U.S. courts to enforce international law.
But they applauded Tuesday's decision nonetheless, asserting it would
sharply curtail such suits.
Human rights advocates also claimed victory, saying that suits
alleging corporate complicity in crimes such as summary execution,
torture and slavery were exactly the type of international standards
the court cited.
Lawyers on both sides predicted that the first test of the ruling
would come in a celebrated case involving El Segundo-based Unocal.
Fifteen Myanmar refugees have sued the oil giant in federal court in
Los Angeles, alleging that the company is liable for murder, rape and
forced labor allegedly committed by soldiers guarding a gas pipeline
The 9th Circuit Court of Appeals was awaiting the Supreme Court's
ruling before deciding whether the claims of the Myanmar villagers
should go to trial.
Tuesday's decision bodes well for the villagers, said Harold Hongju
Koh, incoming dean of Yale University's law school and former
assistant secretary of State for human rights.
A majority of the court upheld the doctrine that "allows litigants to
sue for well-established violations of human rights," Koh said. "They
essentially adopted the language of past decisions" by lower courts,
including the 9th Circuit, in a line of alien tort suits against
foreign dictators, such as the late Ferdinand Marcos of the
Philippines, and their henchmen.
Chief Justice William H. Rehnquist and Justices Clarence Thomas and
Antonin Scalia did not join Souter's opinion.
"This court seems incapable of admitting that some matters Ö are none
of its business," Scalia wrote in dissent.
The opinions reflect a battle on the court over whether U.S. courts
should operate in isolation or as a part of an international system
The ruling came in a suit brought by Dr. Humberto Alvarez Machain,
who was kidnapped in Mexico and brought to trial in Los Angeles for
allegedly aiding the torture killing of a U.S. drug agent. Alvarez
was acquitted of the charges against him and sued his alleged
kidnappers in federal court under the Alien Tort Claims Act.
The Supreme Court rejected Alvarez's suit, saying kidnapping was not
a violation of a widely accepted international law. "A single illegal
detention of less than a day, followed by the transfer of custody to
lawful authorities and a prompt arraignment violates no norm of
customary international law," Souter wrote.
Paul Hoffman, a Los Angeles lawyer who represents Alvarez as well as
some of the Myanmar refugees, said the slavery and forced labor
allegations in the Unocal case were the type that the Supreme Court
ruled merit federal court attention.
"This is a huge victory for us," Hoffman said. "It's not great for
Dr. Alvarez, which is a shame. But in terms of the law, it's great.
And there were six justices joining in, so there's no doubt about it."
But Unocal's lead lawyer, Daniel Petrocelli, said the allegations in
the Unocal case were ordinary tort claims and did not fall under
federal court jurisdiction.
The high court's ruling "is not a general invitation to permit
ordinary tort claims to be brought under international law," he said.
"Issues involving local labor conditions, issues involving local
crimes are matters internal to the affairs of a country. These are
not the sorts of claims that would be so specific that resort to
international law is required."
Petrocelli said the ruling represented "a complete vindication for
the rights of American companies doing business abroad."
"The court made clear that there is no ability to bring suits under
the alien tort statute of the sort that had been brought against
American businesses and against Unocal," he said. "Hopefully the 9th
Circuit will follow suit and the case will end swiftly."
Carter Phillips, a lawyer who represented the defendant in the
Alvarez case, said the Supreme Court ruling appeared to keep federal
courts open to hear certain human rights violations.
But he doubts the court would sanction lawsuits against corporations
that are not alleged to be the actual perpetrators.
"A lot of these claims against corporations are based on aiding and
abetting theories," he said. "But that doesn't remotely approach
suing a corporation that does business in one of those countries."
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