The Alien Tort Claims Act allows aliens in the US to bring civil claims in cases where laws violate international standards or treaties. It was introduced in 1789 and used in human rights lawsuits, providing a mechanism for victims to sue in situations where their rights have been violated. While useful, some fear the law has potential for abuse, such as companies being sued in the US for complying with laws in their home nations.
The Alien Tort Claims Act (ATCA) or Alien Tort Statute is a section of the United States Code that allows aliens in the United States to bring civil claims in cases where the laws violate international standards or treaties by which the United States is signatories. This particular statute has been used as a reason to file a number of human rights lawsuits in the United States.
The text of the Alien Tort Claims Act is found in section 1350, title 28 of the United States Code. It reads: “The District courts shall have original jurisdiction over any civil action brought by an alien only in tort, committed in violation of the law of nations or a treaty of the United States.” It was introduced into law in 1789 and lay fallow for the next 200 years. There is considerable debate as to why the Alien Tort Claims Act was introduced, and very little documentation exists to explain it.
In the 1980s, a Paraguayan citizen filed a lawsuit in the United States against a Paraguayan police officer for abuse. The court had jurisdiction under the terms of the Alien Tort Claims Act because the victim was filing a civil suit and the case involved activities that violated international law. The Paraguayan man successfully won a judgment and paved the way for a parade of human rights cases of a similar nature.
When human rights violations occur abroad, they can be difficult to prosecute. Victims may be too afraid of reprisals to sue in their home countries, and if they flee, returning home could be dangerous. An individual country may not have laws against activities such as torture or may not take the case seriously. The Alien Tort Claims Act provides a mechanism for people to bring lawsuits in situations where their human rights have been violated and has been used in many different types of cases, especially torture cases.
Human rights advocates see the Alien Tort Claims Act as a very useful tool. While it’s not realistically possible to collect a judgment following a case done in the United States, the case sends a clear message. However, some people fear that the law has potential for abuse. For example, companies that comply with the laws in their home nations could be sued in the United States, raising questions about how far American jurisdiction should extend and about what types of cases.
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