Will the high court be a dream killer? [USA]
In 1906, Elihu Root…was one of the founders of the American Society of International Law…Under his influence the ASIL became…the premier institution of its kind in the world, promoting peace and human rights through international law…Elihu Root's vision…is now being sorely tested in a case pending in the U.S. Supreme Court, Kiobel v. Royal Dutch Petroleum. The named plaintiffs-petitioners in this case are Nigerian citizens…who contend that…Shell…actively aided and abetted the Nigerian government in using rape, torture and murder…against the defendants-respondents' activities…In Filártiga v. Peña-Irala,…the same Second Circuit that now seeks to drastically restrict [the Alien Tort Statute] declared, "[T]he torturer has become…hostis humani generis, an enemy of all mankind. Our holding today…is a small but important step in the fulfillment of the ageless dream to free all people from brutal violence." Let us hope the Supreme Court will not be the killer of the dream.