Obama administration urges Supreme Court to limit corporate liability for torture overseas

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Obama administration urges Supreme Court to limit corporate liability for torture overseas

June 14, 2012 10:55:01 am

[JURIST] The Obama administration on Thursday filed a brief [text, PDF] in the US Supreme Court [official website] asking the justices to limit corporate liability for human rights violations occurring overseas. The government argued that the court should dismiss the lawsuit in Kiobel v. Royal Dutch Petroleum Co. [docket]. The issue in the case is whether three oil companies are immune from US lawsuits under the Alien Tort Statute of 1789 (ATS) [text] for alleged torture and international law violations. In a brief order in March [JURIST report], the court “directed [the parties] to file supplemental briefs addressing the following question: ‘Whether and under what circumstances the Alien Tort Statute … allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.'” In its brief, the government argued that US courts can recognize such suits, but only in limited circumstances. They said that the court should only accept such cases when the plaintiffs have exhausted all other viable options of relief, including domestic litigation. The brief concludes that the current case does not meet this narrow standard, and asks the court to dismiss the suit. The government’s brief marks a change in position from an earlier brief in which it supported the plaintiffs in this case.

The victims of the alleged torture and international law violations in this case filed their supplemental brief [JURIST report] in the Supreme Court Monday, arguing that the ATS is not limited to torts that occur in the US. While accepting that international law is the proper authority to define human rights violations, the petitioners, Nigerian plaintiffs suing foreign-based oil companies, argued in February that domestic US common law should fill in the blank in ATS over who could actually be sued for such atrocities. The US government originally sided with the petitioners, with Deputy Solicitor General Edwin Kneedler providing the additional argument that international law does not independently foreclose foreign corporate liability the way that it immunizes a foreign government from liability for official wrongdoings. The government’s new brief still supports this position but argues that the courts should only accept limited foreign lawsuits. The respondent oil companies argued that international law is wholly controlling in such a situation and that domestic US common law has no bearing on the proceedings. Respondents pressed the fact that not only does international law not recognize corporate responsibility for the alleged offenses, but the world community has never recognized corporate liability for the misdeeds of individuals.

Martin Luther King Jr. wrote his Letter from Birmingham Jail

On April 16, 1963, an incarcerated Martin Luther King, Jr. (arrested for demonstrating in defiance of a court order) wrote his Letter from Birmingham Jail in response to a published statement by eight fellow clergymen from Alabama.

Part of the letter read: We have waited for more than 340 years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we stiff creep at horse-and-buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging dark of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five-year-old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross-county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of "nobodiness" then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience. Read the full text of the Letter.