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Ashcroft Tries to Quash Alien Tort Claims Act

Randy Paul over at Beautiful Horizens has an interesting post, Back to Reality, on Human Rights Watch's recent report of an attempt by Ashcroft's Justice Department to effectively quash the Alien Torts Claim Act.

In a brief filed in John Doe I, et al. v. Unocal Corporation, et al., a case originally filed in 1996 and currently being reheard by the U.S. Ninth Circuit Court of Appeals, the Justice Department

...argued for a radical re-interpretation of the 1789 Alien Tort Claims Act (ATCA). For over 20 years, courts have held that the ATCA permits victims of serious violations of international law abroad to seek civil damages in U.S. courts against their alleged abusers who are found in the United States. The Justice Department would deny victims the right to sue under the ATCA for abuses committed abroad.

“This is a craven attempt to protect human rights abusers at the expense of victims,” said Kenneth Roth, executive director of Human Rights Watch. “The Bush administration is trying to overturn a longstanding judicial precedent that has been very important in the protection of human rights.”

Randy says,

Now that it's a US oil company (Talisman is Canadian) the Department of Justice - which is not a party in the case - goes out of their way by filing an Amicus brief to weaken this provision of the law, after no other adminstration since 1980 had made any attempt to do so. Are they that iredeemiably tone deaf to public perception? I'm sure that they would make the argument that it's not about the oil, but justice. Why do I get the feeling that if I were to shake hands with the Attorney General I would want to be sure to count my fingers afterwards?

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