University of Utah S.J. Quinney College of Law Professor Erika George recently published an op-ed in The Salt Lake Tribune.
In her commentary, titled “How to get away with genocide,” George wrote:
“Victims of human rights violations can no longer sue foreign corporations in U.S. Courts. With its recent decision in Jesner v. Arab Bank the U.S. Supreme Court has handed would-be violators of international human rights a victory by categorically excluding all claims against foreign corporations for violations of the “laws of nations” — no matter the scale or magnitude of the abuse.
Victims of human rights violations have used the Alien Tort Statute (ATS), a federal law that gives U.S. courts authority to address “any civil action by an alien for a tort, committed in violation of the law of nations or a treaty of the United States,” to hold violators accountable for abuses — including corporations that have been complicit in committing violations of international law.”