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19 Emory Int'l L. Rev. 169 (2005)
Holding Human Rights Violators Accountable by Using International Law in U.S. Courts: Advocacy Efforts and Complementary Strategies

handle is hein.journals/emint19 and id is 183 raw text is: HOLDING HUMAN RIGHTS VIOLATORS
ACCOUNTABLE BY USING INTERNATIONAL LAW
IN U.S. COURTS: ADVOCACY EFFORTS AND
COMPLEMENTARY STRATEGIES
Sandra Coliver*
Jennie Green**
Paul Hoffman***
INTRODUCTION
In   the   last  twenty-five    years, U.S. human         rights
advocates have increasingly turned to international law to
hold human rights violators accountable in U.S. courts. In
particular, civil suits based on the Alien Tort Statute
(ATS)1 and the Torture Victim       Protection Act (TVPA)2
against human rights violators who live in, visit, or, in the
case of corporations, do business in, the United States, have
been   one    of  the   most   effective  means     of  enforcing
international law in U.S. courts.
This Article is designed as a broad survey of the variety of
ways in which advocates in the United States have
attempted    to employ     international law    arguments.       It
begins with an overview of the ATS, the TVPA, and the
U.S. Supreme Court's decision in Sosa v. Alvarez-Machain.3
Executive Director of the Center for Justice & Accountability (CJA).
Senior Attorney at the Center for Constitutional Rights (CCR).
Partner, Schonbrun, DeSimone, Seplow, Harris & Hoffman, LLP, Venice,
California.
The authors have been engaged in the types of litigation discussed in this
Article for many years. Additional information about these cases and issues may be
found at www.cja.org, www.ccr-ny.org, and www.sdshh.com. The ACLU also
publishes an annual International Civil Liberties Report, which may be found on its
website: www.aclu.org. The authors express their appreciation to the JEHT
Foundation for its early support of this writing project, and would also like to thank
CJA Litigation Director Matthew Eisenbrandt, CCR President Michael Ratner and
law students Collin Seals, UCLA, Elizabeth Wheeler, Santa Clara, Kelly McAnnay,
Northeastern, and Andre Segura, NYU, for their assistance.
1 The ATS has often been called the Alien Tort Claims Act (ATCA). We use
the term Alien Tort Statute in this Article because the Supreme Court referred to
the statute as such in Sosa v. Alvarez-Machain, 124 S. Ct. 2739 (2004).
2 28 U.S.C. § 1350.
3 Sosa, 124 S. Ct. at 2739.

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