Kiobel v. Royal Dutch Petroleum Co.

In a September 2010 ruling in Kiobel v. Royal Dutch Petroleum Co., the Second Circuit became the first and only appellate court to reject the proposition that corporations may be held liable for torts in violation of international law under the ATS. Subsequent decisions by the D.C. Circuit in Doe v. Exxon and the Seventh Circuit in Flomo v. Firestone explicitly rejected the Second Circuit’s reasoning. In October 2010, counsel for the plaintiffs filed a petition for rehearing. The Clinic submitted an amicus curiaebrief in support of the petition on behalf of professors of legal history. The brief argues that the history and purpose of the ATS support what the text explicitly provides: that jurisdiction extends to all causes in which an alien sues for a tort in violation of the law of nations, including cases against corporate defendants. The plaintiffs filed a second petition for rehearing in February 2011 after the first petition for rehearing was denied. Following the denial of the second petition for rehearing, the plaintiffs filed petition for certiorari to the U.S. Supreme Court in June 2011.  The Clinic filed an amicus brief on behalf of professors of legal history in support of that petition.

The Kiobel case was filed by Nigerian plaintiffs and brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention. The plaintiffs allege that the company collaborated with the Nigerian government to commit these violations to suppress their lawful protests against oil exploration.

The petition for certiorari was granted by the U.S. Supreme Court on October 17, 2011. Oral argument took place on February 28, 2012. A week later, on March 6, the Court requested supplemental briefing on the question of whether the statute encompasses violations committed outside the territory of the United States. Supplemental briefs were filed with the Court in the summer of 2012, and re-argument took place on Oct. 1, 2012.

On April 17, 2013, the Supreme Court issued its decision.  The Court held that a presumption against extraterritorial application of the ATS applied to the facts of the Kiobel, and affirmed the judgment of the Second Circuit court of appeals.

You can find comprehensive coverage of the decision on SCOTUSblog and Opinio Juris, among other sites.

Legal Documents

U.S. Supreme Court Decision in Kiobel v. Royal Dutch Petroleum Co. (April 17, 2013)

Supplemental Briefing to the U.S. Supreme Court on the Issue of Extraterritoriality

Petitioners’ Supplemental Reply Brief

Defendants’ Supplemental Opening Brief

Petitioners’ Supplemental Opening Brief

Supplemental Amicus Briefs in Support of Respondents to the U.S. Supreme Court on the Issue of Extraterritoriality:

The Cato Institute

The U.S. Chamber of Commerce

Engility Corp

Former State Department Legal Advisors

KBR, Inc.

National Foreign Trade Council

OTP Bank

Professors Anthony J. Belia Jr. and Bradford R. Clark

Professors of International Law, Foreign Relations, and Federal Jurisdiction

Rio Tinto

Caterpillar, Conoco Phillips, GE, Honeywell, International Business Machines, and Monsanto

Chevron Corp, Dole Food Co., DowChemical, Glaxosmithkline, P & G

US China Law Society

Washington Legal Foundation and Allied Educational Foundation

Supplemental Amicus Briefs in Support of Petitioners:

Abukar Hassan Ahmed et. al

American Bar Association

American Civil Liberties Union

Ambassador David Scheffer

Association of the Bar of the City of New York

Australian Law Scholars

Comparative Law Scholars

EarthRights International

Eleven Jewish Former Residents

English Law Practitioners

Former U.S. Diplomats

Former U.S. Government Counterterrorism and Human Rights Experts

Genocide Victims of Krajina

German Institute for Human Rights

Government of the Argentine Republic

Human Rights First

International Human Rights Organizations

International Law Scholars

Juan E. Mendez

Navi Pillay

Professors of Civil Procedure and Federal Courts

Professors of Legal History

Rutgers Law School Constitutional Litigation Clinic

South African Jurists

Victims of the Hungarian Holocaust

Volker Beck and Christoph Strasser, Members of Parliament of the Federal Republic of Germany

Yale Law School Center for Global Legal Challenges

Supplemental Amicus Briefs in Support of Neither Party on the Issue of Extraterritoriality

Certain Plaintiffs in In Re: Terrorist Attacks on September 11, 2001

European Commission on Behalf of the European Union

The United States

Briefing to the U.S. Supreme Court on the Issue of Corporate Liability

Petitioners’ Brief

Respondents Brief

Petitioners’ Reply Brief

Amicus Briefs in Support of Petitioners to the U.S. Supreme Court on the Issue of Corporate Liability:

The United States

Civil Procedure Professors

AFL and CIO

Former US Government Counterterrorism and Human Rights Officials

Law Professors of Civil Liberties and 42 USC Section 1983

American Petroleum Institute

International Human Rights Organizations and International Law Experts

Ambassador David J. Scheffer

Nuremberg Historians and International Lawyers

Nuremberg Scholars

The Rutherford Institute

Dr. Juan Romagoza Arce, Cecilia Santos Moran, Ken Wiwa

EarthRights International

Prof. Thomas J. Schoenbaum

Former US Senator Arlen Specter, Human Rights First, and the Anti-Defamanation League

Prof. Juan Mendez, UN Special Rapporteur on Torture

Navi Pillay, the UN High Commissioner for Human Rights

Professors of Legal History

Brennan Center for Justice at NYU

Joseph E. Stiglitz

Yale Law School Center for Global Legal Challenges

International Law Scholars

Respondents’ Amicus Briefs on the Issue of Corporate Liability:

Chevron Corporation

BP America

Professors of International Law

U.S. Chamber of Commerce

International Law Professors

KBR Inc.

Law Professors of Constitutional and Federal Civil Procedure Law

National Foreign Trade Council, et al

Product Liability Advisory Council

Association of German Chambers of Industry and Commerce, et al

The Cato Institute

The Clearing House Association

The Federal Republic of Germany

The Governments of the United Kingdom and The Netherlands

Rio Tinto Group and Occidental Petro Corp

Briefs in Support of Neither Party:

American Petroleum Institute

Nuremberg Historians and International Lawyers

Certiorari to the U.S. Supreme Court:

Petition for Certiorari

Brief in Opposition

Petitioners Reply to Opposition Brief

Amicus Brief of International Law Scholars

Amicus Brief of International Human Rights NGOs

Amicus Brief of Professors of Legal History

Amicus Brief of David J. Scheffer

Petitions for Rehearing En Banc in the Second Circuit:

Second Petition for Rehearing

Petition for Rehearing

Opposition to Petition for Rehearing

Amicus Briefs in Support of Petition for Rehearing En Banc on Behalf of:

Professors of Legal History

Nuremberg Scholars 

Human Rights and Labor Organizations

Professors of Federal Jurisdiction

International Law Scholars 

19 Responses to Kiobel v. Royal Dutch Petroleum Co.

  1. Pingback: This Just In: Kiobel Petition for Rehearing En Banc Denied | HRP Blog

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  7. Pingback: Kiobel Plaintiffs File Petition for Certiorari | International Human Rights Clinic at Harvard Law School

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  9. Pingback: Kiobel Ignores History in Creating a Corporate Carve-Out | International Human Rights Clinic at Harvard Law School

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  13. Pingback: Student Voices: Camping Out for Kiobel | The Latest from HLS … | The Washington DC Night

  14. Pingback: History Shows That Those Who Commit International Law Violations Outside the United States Can Be Held Liable in U.S. Courts | International Human Rights Clinic at Harvard Law School

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  16. Pingback: Untie Our Hands: An Alien Tort Claims Act Campaign | Religion + Technology

  17. Pingback: Argument Tomorrow in Kiobel: Much More at Stake the Second Time Around | International Human Rights Clinic at Harvard Law School

  18. Pingback: Dole under pressure to withdraw support from Shell vs. Kiobel | Royal Dutch Shell plc .com

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