Author Topic: Supreme Court to decide on reach of global human rights law  (Read 987 times)

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Online Pandora

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Supreme Court to decide on reach of global human rights law
« on: October 28, 2011, 11:44:23 AM »
Ohhhh, this may not end well ......

Quote
The Supreme Court agreed Monday to resolve an international human rights dispute over whether corporations and political groups can be held liable in American courts for their role in the torture, murder and enslavement of victims abroad.

Since the Nazi war crimes trial at Nuremberg, international law has held that human rights abuses can be prosecuted around the globe. And two U.S. laws — the Alien Tort Statute of 1789 and the Torture Victims Protection Act of 1992 — give American courts the jurisdiction to decide these human rights cases.

But it is unclear whether the targets of such cases are limited to the actual persons who perpetrated the abuses or to corporations and political organizations as well.   

The Supreme Court said it will decide both questions in a pair of cases.

The justices will hear the case of a dozen Nigerians who sued the Royal Dutch Shell oil company for the torture and execution of dissidents in Nigeria in the 1990s. The victims included noted playwright and human rights campaigner Ken Saro-Wiwa. The suit alleges Shell aided and abetted the Nigerian regime.

Last year, however, the U.S. court of appeals in New York threw out the suit and said corporations were not liable for such abuses. Its opinion cited the Nazi-era example of the I.G. Farben Co., which supplied the deadly gas for the Auschwitz death camp. The judges said 24 executives of I.G. Farben were charged with war crimes, but not the company itself.

Los Angeles attorney Paul Hoffman, in his appeal on behalf of the Nigerian plaintiffs, called the ruling "the first to exempt corporations from liability for the most heinous human rights violations." The case, Kiobel v. Royal Dutch, is likely to be heard in February.

The second case involves a suit against the Palestinian Authority and the Palestine Liberation Organization by the sons and widow of Azzam Rahim, a Palestinian-American. Rahim was allegedly tortured and murdered by Palestinian intelligence officials in the 1990s.

His family brought suit under the Torture Victims Protection Act, but the U.S. court of appeals in Washington ruled such claims are limited to individual perpetrators and do not extend to political groups like the PLO. The court said it will hear the family's appeal in Mohamad v. Rajoub at the same time as the Royal Dutch case.

http://www.jewishworldreview.com/1011/reach_global_human_rights.php3
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Online Libertas

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Re: Supreme Court to decide on reach of global human rights law
« Reply #1 on: October 28, 2011, 12:05:29 PM »
And you know 4 morons for sure will be all for extending the reach into incorporated entities...

Jeesh!

Down to that feckless Kennedy again!

 ::bashing::
We are now where The Founders were when they faced despotism.