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11 Ga. J. Int'l & Comp. L. 335 (1981)
Filartiga v. Pena-Irala: A Contribution to the Development of Customary International Law by a Domestic Court

handle is hein.journals/gjicl11 and id is 343 raw text is: FILARTIGA v. PENA-IRALA: A CONTRIBUTION TO THE DEVELOPMENT OF CUSTOMARY INTERNATIONAL LAW BY A DOMESTIC COURT C. Donald Johnson, Jr.* As with many landmark decisions, the importance of the opinion in the Filartiga v. Pena-Irala1 case has little to do with the parties involved. Assuming the Filartigas ultimately were able to obtain a judgment on the merits, its enforceability against the defendant in Paraguay seems problematical at best. On a practical level, the ap- proval by a United States court of subject matter jurisdiction in this case may provide inspiration for suits against alleged foreign torturers exiled in this country or just passing through at an un- timely moment, but it seems unlikely to offer torture victims and their families much in the way of a satisfactory remedy against such acts. Nevertheless, the decision is most significant. Supported by a competent analysis of the developing general usage and practice of nations, the court's holding that deliberate torture perpetrated under color of official authority violates universally accepted norms of the international law of human rights, regardless of the nationality of the parties' is an important contribution to the growing weight of authority acknowledging the legal status of in- ternational standards governing basic human rights. Equally im- portant from a broader perspective is the recognition by a domes- tic court that international law transcends sovereign boundaries to protect individuals from their own government officials. Only rarely is an American court called upon to interpret the law of nations, particularly areas of such law that must be ascer- tained from the evolving sources of customary international law. In a modern municipal legal system where the law governing most issues is found in statutory codes and court reporters, domestic courts are presented with no small challenge when confronted * Member of the Georgia, Illinois, and District of Columbia Bars. LL.M., London School of Economics and Political Science (London) 1978; J.D., University of Georgia School of Law, 1973; B.A. University of Georgia, 1970. 630 F.2d 876 (2d Cir. 1980). Id. at 878.

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