The Alien Tort Statute (28 U.S.C. section 1350) was enacted in 1789 as part of the original Judiciary Act. It gives U.S. district courts jurisdiction over civil lawsuits filed by foreign nationals for torts — wrongful acts — committed in violation of international law or U.S. treaties. The statute is just one sentence long, but its implications are vast.
The ATS lay dormant for nearly 200 years until Filartiga v. Pena-Irala (1980) revived it as a tool for human rights litigation, allowing torture victims to sue their abusers in U.S. courts. The Supreme Court has since narrowed the statute significantly. In Sosa v. Alvarez-Machain (2004), the Court required claims to rest on international law norms that are "specific, universal, and obligatory." In Kiobel v. Royal Dutch Petroleum (2013), it added a presumption against applying the statute to conduct outside the United States.
The narrowing means ATS claims now face high hurdles: the violation must involve a clearly established international norm, the conduct must have a substantial connection to the United States, and the defendant must be amenable to suit in U.S. courts. Despite these restrictions, the ATS remains one of the few legal tools available to hold individuals and corporations accountable for human rights abuses abroad.
The ATS is one of the only ways victims of human rights abuses abroad can seek justice in U.S. courts. Its scope — and its limits — determine whether American courtrooms can hold foreign actors accountable for torture, forced labor, and other violations of international law, or whether those victims have nowhere to turn.
People often think the ATS allows anyone to sue anyone for any international law violation in U.S. courts. It doesn't — only foreign nationals can bring claims, the violation must involve a well-established international norm, and after Kiobel, the conduct must have a substantial connection to the United States. Most potential ATS claims are now blocked by these restrictions.
The ATS is one of the only ways victims of human rights abuses abroad can seek justice in U.S. courts. Its scope — and its limits — determine whether American courtrooms can hold foreign actors accountable for torture, forced labor, and other violations of international law, or whether those victims have nowhere to turn.
People often think the ATS allows anyone to sue anyone for any international law violation in U.S. courts. It doesn't — only foreign nationals can bring claims, the violation must involve a well-established international norm, and after Kiobel, the conduct must have a substantial connection to the United States. Most potential ATS claims are now blocked by these restrictions.