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Judge Dismisses Big Rights Suit on Apartheid

November 30, 2004
 By JULIA PRESTON 



 

A federal judge in New York dismissed a human rights suit
yesterday against 35 major corporations that did business
in South Africa under apartheid, dealing a blow to rights
lawyers who have sought to use an 18th-century law to
punish international companies that operated under abusive
systems. 

The ruling, by Judge John E. Sprizzo of Federal District
Court in Manhattan, came in response to suits originally
brought in 2002 by three separate groups of plaintiffs in
eight different federal courts across the country. They
argued that the corporations, most of which are American,
violated international law by actively helping to support
the apartheid system. 

They tried to sue the corporations - Citigroup, General
Electric, E.I. DuPont de Nemours, I.B.M., General Motors,
Shell Oil and ExxonMobil, among others - under the Alien
Tort Claims Act, which was passed in 1789 to protect
American ships from pirates and American diplomats from
attack when they were overseas. 

During the past two decades, some federal courts in the
United States have agreed that they have jurisdiction in
human rights suits under the act when the allegations
involved egregious violations of international law like
torture or genocide by foreign governments or their
leaders. 

But Judge Sprizzo found that his court did not have
jurisdiction under the act. 

"In a world where many countries may fall considerably
short of ideal economic, political and social conditions,
this court must be extremely cautious in permitting suits
here based upon a corporation's doing business in countries
with less than stellar human rights records," Judge Sprizzo
wrote, warning that such suits could have "significant, if
not disastrous, effects on international commerce." 

But Judge Sprizzo said he was adhering to a ruling by the
Supreme Court in March, which determined that the alien
tort act could be applied only in a narrow set of
international law violations not too different from the
ones named by the 18th century lawmakers who wrote it. 

http://www.nytimes.com/2004/11/30/international/africa/30apartheid.html?ex=1103025625&ei=1&en=42d239298b687b5d


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