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15 Oct 2015

Zamira Djabarova, EarthRights International

When US firms abuse intl. human rights law, victims should be able to sue in US courts, says EarthRights International

“Trafficking Case Should be Simple: U.S. Corporations can be sued in U.S. Courts”, 14 Oct 2015

When a U.S. citizen…violates international human rights law, the victims of that abuse should be able to sue them in U.S. courts.  That’s the simple version of ERI’s argument in an amicus curiae [brief]…[W]e took a stand in support of the plaintiffs and reversal of the lower court’s decision in Adhikari v. Daoud & Partners, a case about trafficking of workers…The Adhikari plaintiffs are suing under the Alien Tort Statute (ATS), which allows suits for violations of international law…[W]e argue in our brief, [that] claims against U.S. citizens (such as KBR) automatically satisfy [the touch and concern] test.  This is true not only because it would only make sense given that as a U.S. corporation, KBR is subject to U.S. regulations and benefits from its protection (and therefore should also bear the scrutiny of U.S. courts).  It is also true because the ATS was designed to ensure that the U.S. met its international obligations to provide remedies for victims of human rights abuses committed by its nationals…