Laptop Battery Though he may never set foot in America, an Iraqi man simply
identified as Plaintiff Ahmed wants to have his day in a US
court.
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Thinkpad On June 9, the former detainee at the Abu Ghraib prison embarked
on a class-action lawsuit filed by the Center for Constitutional
Rights (CCR) against the American military contractors San
Diego-based Titan Corporation and Arlington, Virginia-based CACI
International. While in U.S. custody, plaintiff Ahmed claims he was
starved, kicked, beaten with a gun, menaced by guard dogs, and
forced to watch his father tortured in a similar
fashion until the elder man
ultimately succumbed to his injuries and died. The prison abuse
case comes at a critical juncture, for the Supreme Court has just
reviewed the Alien Tort Claims Act (ATCA) and upheld the right for
foreign citizens like Ahmed to sue in U.S. courts.
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Microsoft The June 29 Supreme Court decision in Sosa v. Alvarez-Machain
upheld ATCA as a key judicial tool for prosecuting human rights
abuses occurring abroad. However, the ruling generated a curious
reaction among those following the case closely. Both human rights
groups and corporate lobbying organizationsunquestionably on
opposite sides of the fenceapplauded the decision.
More on the Alian
Tort Claims Act
Stalled Case Against ExxonMobil Sees
Movement |
The International Labor Rights Fund (ILRF), a worker advocacy group
based in D.C., declared the courts decision a triumph for human
rights. The ruling clarifies, once and for all, ATCA does allow
victims of human rights violations to sue, says Executive Director
Terry Collingsworth. The ILRF is currently involved in seven
ATCA-related suits, pending against corporations including
ExxonMobil, Unocal, Coca-Cola, and Fresh DelMonte Produce Inc.
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Laptop Computers However the National Foreign Trade Council, which has
historically lobbied against ATCA, also welcomed the decision. The
NFTC cites the ruling as a positive first step, despite a few
reservations. I think that we would prefer they shut the door on
these cases, says NFTC President William Reinsch. While the ruling
tells the lower courts they have gone too far, they are inviting
them to try again. Reinsch concludes on an optimistic note, Our
judgment is that [the ruling] would wipe out most of the pending
cases.
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Laptop Computer With opposing camps both declaring victory, legal scholars and
lawyers have different opinions about the implications of the ATCA
verdict.
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Desktop Computer According to Harold Hongju Koh, dean of the Yale Law School, the
burden will rest with the judges in the lower courts. In the wake
of Alvarez they are going to have to sort out what are the
actionable claims, Koh explains. He adds that corporations have
been overly fearful of ATCA and the Supreme Courts reaffirmation of
the law. If they are not committing gross violations of human
rights, there should be nothing to worry about, Koh concludes.
Notebooks ATCA, originally penned in 1789, emerged from obscurity in the
1980s and became a vital asset for prosecuting human rights abuses
carried out abroad. ATCA has enabled victims to sue their torturers
and suits against murderous leaders such as Radovan Karadzic of the
Bosnian-Serb Republic and former Philippines dictator Ferdinand
Marcos. Legal experts note that though the plaintiffs may attain
otherwise elusive justice, they rarely see any monetary
compensation.
Lenovo Today, however, the law is more commonly invoked in cases
charging transnational corporations of complicity in human rights
abuses in their overseas operations. This development sent a chill
through the business community and in response, corporate lobbying
groups launched an aggressive campaign to have ATCA repealed.
Hard Drive According to Rick Herz, an attorney with the human rights and
environmental defense organization
EarthRights International, a the campaign against ATCA heated up in
2002, prompted by the Ninth Circuit Courts precedent-setting
decision against Unocal. The Unocal suit, originally filed in 1996
by CCR, accused the energy giant of conspiring with the military
and forcing villagers to work as slave labor on its pipeline
project in Myanmar, formerly Burma. The court ruled that Unocal
could be held liable for aiding and abetting the Burmese military
for human rights violations.
Travelstar With little success in Congress, powerful lobbying organizations
such as the National Foreign Trade Council and the International
Chamber of Commerce regrouped and went to the Bush Administration
pressing for interventionand succeeded. Administration officials
had already taken steps to thwart a case against ExxonMobil in
Indonesia (see sidebar).
Gateway In November 2001, the State Departments legal adviser, William
H. Taft IV, intervened on behalf of Rio Tinto, a British mining
firm facing a class-action lawsuit involving charges of human
rights and environmental abuses. While Taft didnt dispute the
accusations about Rio Tinto's copper mine in Papua New Guinea, he
did urge that the case be dismissed on foreign policy grounds. By
May 2003, Attorney General John Ashcroft weighed in as well, urging
the dismissal of all cases based on ATCA.
Laptop Parts Developments such as this indicate that the strength of ATCA may
be decided outside of the courts, which could explain why corporate
lobbying organizations are not as concerned about the Supreme
Court's decision to uphold the act.
Software For his part, Collingsworth denounces Taft and Ashcroft's
intervention as a violation of the separations of powers doctrine.
The Bush Administration is behaving as if it has a veto power over
the judiciary and it doesnt, he says.
Hard Drives Meddling in the courts was an unmistakable sign to Herz. It was
pretty clear [the Administration] was looking for the Supreme Court
to take it up, he explains. Although an unlikely candidate, Sosa v.
Alvarez-Machain was to be the corporate battleground to defeat
ATCA.
Electronics The Supreme Court case involved a former Mexican police officer,
Jose Francisco Sosa, who, on behalf of the U.S. Drug Enforcement
Agency, kidnapped a Mexican citizen, Dr. Humberto Alvarez-Machain,
to stand trial in California for the murder of a DEA agent.
Alvarez-Machain was acquitted, then sued Sosa on the basis that a
cross-border kidnapping violated international law. When the
California court decided in favor of Alvarez-Machain, Sosa
appealed, and his case, along with the future of ATCA, was pushed
to the Supreme Court.
Canon While business interests were not directly involved in that
case, the list of companies represented in the amicus briefs filed
in the Sosa case reads like a Whos Who of top multinationals:
Coca-Cola, ExxonMobil, Unocal, Nike, Chevron, and many more.
Corporate arguments emphasized the unfair disadvantage the law
presents to foreign investment
opportunities abroad and claimed that such litigation is used to
embarrass foreign governments.
Desktop Pc Looking to the future of pending ATCA-based cases, Yale's Koh
says, I think the real test is the Unocal case and how that will be
resolved.
Desktop Computers As for the Iraqi prison abuse case, CCR charges military
contractors with violating the Geneva Convention and the Racketeer
Influenced and Corrupt Organizations Act, among others in addition
to ATCA . In that case, Koh says, the challenge is to establish the
link between the private action and the official authority.
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