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2 Sep 2013

Mia Swart, BDlive (So. Africa)

Justice takes a step back for sake or profit

On [21 August], the Second Circuit Court of Appeal in New York dismissed the apartheid lawsuit…From a procedural point of view, it came as no surprise. The case nevertheless was a huge setback for human rights law and for the international right to reparations…The door of justice is not entirely closed for the Khulumani plaintiffs. They have the option of starting anew in another US circuit court or to initiate a new case against the directors of the companies in their personal capacities…What is clear post-Kiobel and post-Khulumani is that the dream of Nuremberg, that there should be no impunity for serious human rights violations, has been deferred…The hopes of global law scholars that the act could "revive the Nuremberg ideal" by expanding norms of accountability to encompass violations by US-based corporations, have been dashed…[Refers to Daimler, Ford, IBM, Shell, ThyssenKrupp]