Alien Tort Claims Act - genocide - war crimes - violations of international law by nonstate actors
Article Abstract:
The Second Circuit Court of Appeals' ruling in the Kadic v. Karadzic holds a nonstate actor accused of genocide or war crimes, such as Serb leader Radovan Karadzic, can be brought under US District Court jurisdiction by the Alien Tort Claims Act. Future global human rights efforts will be helped by an ability to hold such actors liable for their genocidal acts. The court side-stepped questions of sovereign immunity by characterizing Karadzic as a nonstate actor.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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Alien Tort Claims Act - Foreign Sovereign Immunities Act - act of state doctrine - crimes against humanity - forced labor - torture - cruel, inhuman or degrading treatment - violations of international law by nonstate actors - liability of private companies for human rights violations
Article Abstract:
The US Central District Court of California held that corporations are liable for their practices abroad which violate human rights. The court applied 42 U.S.C. 1983 in evaluating whether human rights protected under the US Constitution were violated. The court relied upon the Alien Tort Statute in finding subject matter jurisdiction.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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Denial of residence status to alien on grounds of genocide - application to Refugee Convention - duty to extradite under Geneva Convention - use of NGO reports and experts in municipal proceedings
Article Abstract:
This article discusses the 1998 Canadian Immigration and Refugee Board decision, Mugesera v. Minister of Citizenship and Immigration. The decision allowed the removal of refugee status from a man and ordered his expulsion for lying about his involvement in inciting genocide in Rwanda.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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