kiobel individually behalf late husband kiobel et al royal dutch petroleum co et argued february decided april petitioners nigerian nationals residing filed suit federal alien tort statute alleging respondents certain dutch british nigerian corporations aided abetted nigerian government committing violations law nations nigeria ats provides district courts shall original jurisdiction civil action alien tort committed violation law nations treaty district dismissed several petitioners claims interlocutory appeal second circuit dismissed entire complaint reasoning law nations recognize corporate liability granted certiorari ordered supplemental briefing whether circumstances courts may recognize cause action ats violations law nations occurring within territory sovereign held presumption extraterritoriality applies claims ats nothing statute rebuts presumption pp passed part judiciary act ats jurisdictional statute creates causes action permits federal courts recognize private claims modest number international law violations federal common law sosa contending claim ats reach conduct occurring foreign sovereign territory respondents rely presumption extraterritorial application provides hen statute gives clear indication extraterritorial application none morrison national australia bank presumption serves protect unintended clashes laws nations result international discord eeoc arabian american oil typically applied discern whether act congress regulating conduct applies abroad see underlying principles similarly constrain courts considering causes action may brought ats indeed danger unwarranted judicial interference conduct foreign policy magnified context question congress done courts may foreign policy concerns diminished fact sosa limited federal courts recognizing causes action alleged violations international law norms universal obligatory pp presumption rebutted text history purposes ats nothing ats text evinces clear indication extraterritorial reach violations law nations affecting aliens occur either within outside generic terms like phrase civil action rebut presumption extraterritoriality see morrison supra petitioners also rely transitory torts doctrine doctrine inapposite explained justification allowing party recover cause action arose another civilized jurisdiction belief cause action place cuba crosby question sosa whether federal jurisdiction entertain cause action provided foreign even international law question instead whether authority recognize cause action law enforce norm international law question answered mere fact ats mentions torts historical background ats enacted also overcome presumption ats passed three principal offenses law nations identified blackstone violation safe conducts infringement rights ambassadors piracy sosa supra prominent contemporary examples first two offenses immediately passage ats provide support proposition congress expected causes action brought statute violations law nations occurring abroad although offense piracy normally occurs high seas beyond territorial jurisdiction country applying law pirates typically impose sovereign onto conduct occurring within territorial jurisdiction another sovereign therefore carries less direct foreign policy consequences opinion attorney general william bradford regarding conduct citizens high seas foreign shore best ambiguous ats extraterritorial application suffice counter weighty concerns underlying presumption extraterritoriality finally indication ats passed make uniquely hospitable forum enforcement international norms pp affirmed roberts delivered opinion scalia kennedy thomas alito joined kennedy filed concurring opinion alito filed concurring opinion thomas joined breyer filed opinion concurring judgment ginsburg sotomayor kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press esther kiobel individually behalf late husband barinem kiobel et tioners royal dutch petroleum et al writ certiorari appeals second circuit april chief justice roberts delivered opinion petitioners group nigerian nationals residing filed suit federal certain dutch british nigerian corporations petitioners sued alien tort statute alleging corporations aided abetted nigerian government committing violations law nations nigeria question presented whether circumstances courts may recognize cause action alien tort statute violations law nations occurring within territory sovereign petitioners residents ogoniland area square miles located niger delta area nigeria populated roughly half million people complaint filed respondents royal dutch petroleum company shell transport trading company holding companies incorporated netherlands england respectively joint subsidiary respondent shell petroleum development company nigeria spdc incorporated nigeria engaged oil exploration production ogoniland according complaint concerned residents ogoniland began protesting environmental effects spdc practices respondents enlisted nigerian government violently suppress burgeoning demonstrations throughout early complaint alleges nigerian military police forces attacked ogoni villages beating raping killing arresting residents destroying looting property petitioners allege respondents aided abetted atrocities among things providing nigerian forces food transportation compensation well allowing nigerian military use respondents property staging ground attacks following alleged atrocities petitioners moved granted political asylum reside legal residents see supp brief petitioners filed suit district southern district new york alleging jurisdiction alien tort statute requesting relief customary international law ats provides full district courts shall original jurisdiction civil action alien tort committed violation law nations treaty according petitioners respondents violated law nations aiding abetting nigerian government committing extrajudicial killings crimes humanity torture cruel treatment arbitrary arrest detention violations rights life liberty security association forced exile property destruction district dismissed first fifth sixth seventh claims reasoning facts alleged support claims give rise violation law nations denied respondents motion dismiss respect remaining claims certified order interlocutory appeal pursuant second circuit dismissed entire complaint reasoning law nations recognize corporate liability granted certiorari consider question oral argument directed parties file supplemental briefs addressing additional question whether circumstances ats allows courts recognize cause action violations law nations occurring within territory sovereign heard oral argument affirm judgment based answer second question ii passed part judiciary act ats invoked twice late century next years act stat see moxon fanny cas dc bolchos darrel cas dc sc de camara brooke khedivial line seafarers union per curiam statute provides district courts jurisdiction hear certain claims expressly provide causes action held sosa however first congress intend provision stillborn grant jurisdiction instead best read enacted understanding common law provide cause action modest number international law violations thus held federal courts may recognize private claims violations federal common law sosa rejected plaintiff claim case arbitrary arrest detention ground failed state violation law nations requisite definite content acceptance among civilized nations question whether petitioners stated proper claim ats whether claim may reach conduct occurring territory foreign sovereign respondents contend claims ats relying primarily canon statutory interpretation known presumption extraterritorial application canon provides hen statute gives clear indication extraterritorial application none morrison national australia bank slip reflects presumption law governs domestically rule world microsoft presumption serves protect unintended clashes laws nations result international discord eeoc arabian american oil aramco explained us run interference delicate field international relations must present affirmative intention congress clearly expressed alone facilities necessary make fairly important policy decision possibilities international discord evident retaliative action certain benz compania naviera hidalgo presumption extraterritorial application helps ensure judiciary erroneously adopt interpretation law carries foreign policy consequences clearly intended political branches typically apply presumption discern whether act congress regulating conduct applies abroad see aramco supra cases present issue whether title vii applies extraterritorially regulate employment practices employers employ citizens abroad morrison supra slip noting question extraterritorial application merits question question jurisdiction ats hand strictly jurisdictional sosa directly regulate conduct afford relief instead allows federal courts recognize certain causes action based sufficiently definite norms international law think principles underlying canon interpretation similarly constrain courts considering causes action may brought ats indeed danger unwarranted judicial interference conduct foreign policy magnified context ats question congress done instead courts may sosa repeatedly stressed need judicial caution considering claims brought ats light foreign policy concerns explained potential foreign policy implications recognizing causes ats make courts particularly wary impinging discretion legislative executive branches managing foreign affairs see also since many attempts federal courts craft remedies violation new norms international law raise risks adverse foreign policy consequences undertaken great caution possible collateral consequences making international rules privately actionable argue judicial caution concerns implicated case arising ats pressing question whether cause action ats reaches conduct within territory another sovereign concerns diminished fact sosa limited federal courts recognizing causes action alleged violations international law norms universal obligatory quoting estate marcos human rights litigation demonstrated congress enactment torture victim protection act stat note following identifying norm beginning defining cause action see providing detailed definitions extrajudicial killing torture specifying may liable creating rule exhaustion establishing statute limitations decisions carries significant foreign policy implications principles underlying presumption extraterritoriality thus constrain courts exercising power ats iii petitioners contend even presumption applies text history purposes ats rebut causes action brought statute true congress even jurisdictional provision indicate intends federal law apply conduct occurring abroad see supp providing jurisdiction offense genocide regardless offense committed alleged offender among things present rebut presumption ats need evince clear indication extraterritoriality morrison slip begin nothing text statute suggests congress intended causes action recognized extraterritorial reach ats covers actions aliens violations law nations imply extraterritorial reach violations affecting aliens occur either within outside fact text reaches civil action suggest application torts committed abroad well established generic terms like every rebut presumption extraterritoriality see slip small aramco foley filardo petitioners make much fact ats provides jurisdiction civil actions torts violation law nations claim using word first congress necessarily meant provide jurisdiction extraterritorial transitory torts arise foreign soil supp brief petitioners support cite doctrine allowed courts assume jurisdiction transitory torts including actions personal injury arising abroad see mostyn fabrigas cowp eng mansfield actions transitory nature arise abroad may laid happening english county dennick railroad wherever either common law statute law state right action become fixed legal liability incurred liability may enforced right action pursued jurisdiction matters obtain jurisdiction parties transitory torts doctrine however justification allowing party recover cause action arose another civilized jurisdiction well founded belief cause action place cuba crosby majority opinion holmes question sosa whether federal jurisdiction entertain cause action provided foreign even international law question instead whether authority recognize cause action law enforce norm international law reference tort demonstrate first congress necessarily meant causes action reach conduct territory foreign sovereign end nothing text ats evinces requisite clear indication extraterritoriality historical background ats enacted overcome presumption application conduct territory another sovereign see morrison supra slip noting ssuredly context consulted determining whether cause action applies abroad explained sosa congress passed ats three principal offenses law nations identified blackstone violation safe conducts infringement rights ambassadors piracy see blackstone commentaries laws england first two offenses necessary extraterritorial application indeed blackstone describing terms conduct occurring within forum nation see ibid describing right safe conducts explaining safe conducts grant member one society right intrude another recognizing king power receiv ambassadors home detailing rights state wherein appointed reside see also de vattel law nations chitty et al transl ed entering country sent making known ambassador protection law nations two notorious episodes involving violations law nations occurred shortly passage ats concerned rights ambassadors involved conduct within union french adventurer verbally physically assaulted francis barbe marbois secretary french legion philadelphia assault led french minister plenipotentiary lodge formal protest continental congress threaten leave country unless adequate remedy provided respublica de longschamps dall phila sosa supra new york constable entered dutch ambassador house arrested one domestic servants see casto federal courts protective jurisdiction torts committed violation law nations rev request secretary foreign affairs john jay mayor new york city arrested constable turn cautioned congress state legislature yet passed act respecting breach privileges ambassadors extent available relief depend common law see bradley alien tort statute article iii quoting dept state diplomatic correspondence america two cases ats invoked shortly passage also concerned conduct within territory see bolchos cas wrongful seizure slaves vessel port moxon cas wrongful seizure territorial waters prominent contemporary examples immediately passage ats provide support proposition congress expected causes action brought statute violations law nations occurring abroad third example violation law nations familiar congress enacted ats piracy piracy typically occurs high seas beyond territorial jurisdiction country see blackstone supra offence piracy common law consists committing acts robbery depredation upon high seas committed upon land amounted felony generally treated high seas foreign soil purposes presumption extraterritorial application see sale haitian centers council declining apply provision immigration nationality act conduct occurring high seas argentine republic amerada hess shipping declining apply provision foreign sovereign immunities act high seas petitioners contend congress surely intended ats provide jurisdiction actions pirates necessarily anticipated statute apply conduct occurring abroad applying law pirates however typically impose sovereign onto conduct occurring within territorial jurisdiction another sovereign therefore carries less direct foreign policy consequences pirates fair game wherever found nation generally operate within jurisdiction see blackstone supra think existence cause action sufficient basis concluding causes action ats reach conduct occur within territory another sovereign pirates may well category unto see morrison slip hen statute provides extraterritorial application presumption extraterritoriality operates limit provision terms see also microsoft petitioners also point opinion authored attorney general william bradford see breach neutrality op atty midst war france great britain notwithstanding american official policy neutrality several citizens joined french privateer fleet attacked plundered british colony sierra leone response protest british ambassador attorney general bradford responded follows far transactions complained originated took place foreign country within cognizance courts actors legally prosecuted punished crimes committed high seas within jurisdiction courts far offence committed thereon inclined think may legally prosecuted courts doubt rests point consequence terms applicable criminal law expressed doubt company individuals injured acts hostility remedy civil suit courts jurisdiction expressly given courts cases alien sues tort violation laws nations treaty petitioners read last sentence confirming founding generation understood ats apply law nations violations committed territory foreign sovereign supp brief petitioners respondents counter attorney general bradford referred acts hostility meant acts insofar took place high seas even conclusion broader applicable treaty extraterritorial reach see supp brief respondents solicitor general read opinion stand proposition ats suit brought american citizens breaching neutrality britain acts take place foreign country supp brief amicus curiae internal quotation marks brackets omitted suggests opinion meant encompass conduct occurring within foreign territory attorney general bradford opinion defies definitive reading need adopt one whatever precise meaning deals citizens participating attack taking place high seas foreign shore violated treaty great britain opinion hardly suffices counter weighty concerns underlying presumption extraterritoriality finally indication ats passed make uniquely hospitable forum enforcement international norms justice story put nation ever yet pretended custos morum whole world la jeune eugenie cas cc mass implausible suppose first congress wanted fledgling republic struggling receive international recognition first indeed parties offer evidence nation meek mighty presumed thing however embarrassed potential inability provide judicial relief foreign officials injured bradley offenses ambassadors violated law nations adequately redressed rise issue war sosa cf federalist cooke ed hamilton denial perversion justice reason classed among causes war follow federal judiciary cognizance causes citizens countries concerned ats ensured provide forum adjudicating incidents see sosa supra nothing historical context suggests congress also intended federal common law ats provide cause action conduct occurring territory another sovereign indeed far avoiding diplomatic strife providing cause action generated recent experience bears see doe exxon mobil cadc kavanaugh dissenting part listing recent objections extraterritorial applications ats canada germany indonesia papua new guinea south africa switzerland kingdom moreover accepting petitioners view imply nations also applying law nations hale citizens courts alleged violations law nations occurring anywhere else world presumption extraterritoriality guards courts triggering serious foreign policy consequences instead defers decisions quite appropriately political branches therefore conclude presumption extraterritoriality applies claims ats nothing statute rebuts presumption clear indication extraterritoriality morrison slip petitioners case seeking relief violations law nations occurring outside barred iv facts relevant conduct took place outside even claims touch concern territory must sufficient force displace presumption extraterritorial application see morrison slip op corporations often present many countries reach far say mere corporate presence suffices congress determine otherwise statute specific ats required judgment appeals affirmed ordered kennedy concurring esther kiobel individually behalf late husband barinem kiobel et petitioners royal dutch petroleum et al writ certiorari appeals second circuit april justice kennedy concurring opinion careful leave open number significant questions regarding reach interpretation alien tort statute view proper disposition many serious concerns respect human rights abuses committed abroad addressed congress statutes torture victim protection act tvpa stat note following class cases determined future according detailed statutory scheme congress enacted cases may arise allegations serious violations international law principles protecting persons cases covered neither tvpa reasoning holding today case disputes proper implementation presumption extraterritorial application may require elaboration explanation alito concurring esther kiobel individually behalf late husband barinem kiobel et petitioners royal dutch petroleum et al writ certiorari appeals second circuit april justice alito justice thomas joins concurring concur judgment join opinion far goes specifically agree alien tort statute ats claims touch concern territory must sufficient force displace presumption extraterritorial application ante formulation obviously leaves much unanswered perhaps wisdom preference narrow approach write separately set broader standard leads conclusion case falls within scope presumption morrison national australia bank explained presumption extraterritorial application craven watchdog indeed retreated kennel whenever domestic activity involved case slip also reiterated cause action falls outside scope presumption thus barred presumption event relationship congressional concern relevant statute takes place within ibid quoting eeoc arabian american oil example focus securities exchange act upon place deception originated upon purchases sales securities held exchange act applies transactions securities listed domestic exchanges domestic transactions securities slip decision sosa makes clear ats enacted congressional concern ed morrison supra slip three principal offenses law nations identified blackstone violation safe conducts infringement rights ambassadors piracy sosa therefore held federal courts recognize private claims federal common law violations international law norm less definite content acceptance among civilized nations historical paradigms familiar ats enacted words conduct satisfies sosa requirements definiteness among civilized nations said congressional concern morrison supra slip congress enacted ats result putative ats cause action fall within scope presumption extraterritoriality therefore barred unless domestic conduct sufficient violate international law norm satisfies sosa requirements definiteness acceptance among civilized nations breyer concurring judgment esther kiobel individually behalf late husband barinem kiobel et petitioners royal dutch petroleum et al writ certiorari appeals second circuit april justice breyer justice ginsburg justice sotomayor justice kagan join concurring judgment agree conclusion reasoning sets forth four key propositions law first presumption extraterritoriality applies claims alien tort statute ante second nothing statute rebuts presumption ibid third clear indication extraterritoria application relevant conduct took place outside claims touch concern territory sufficient force displace presumption ante internal quotation marks omitted fourth part orporations often present many countries reach far say mere corporate presence suffices ante unlike invoke presumption extraterritoriality rather guided part principles practices foreign relations law find jurisdiction statute alleged tort occurs american soil defendant american national defendant conduct substantially adversely affects important american national interest includes distinct interest preventing becoming safe harbor free civil well criminal liability torturer common enemy mankind see sosa purposes civil liability torturer become like pirate slave trader hostis humani generis enemy mankind quoting filartiga alteration original see also third foreign relations law case however parties relevant conduct lack sufficient ties ats provide jurisdiction decision sosa frames question sosa specified alien tort statute ats enacted intended jurisdictional added statute gives today courts power apply certain damages law victims certain foreign misconduct including three specific offenses blackstone referred namely violation safe conducts infringement rights ambassadors piracy held statute provides today federal judges power fashion cause action modest number claims based law nations rest norm international character accepted civilized world defined specificity comparable features three paradigms said requirement exhaust ion remedies might apply noted strong argument federal courts give serious weight executive branch view case impact foreign policy ibid adjudicating claim must view also consistent notions comity lead nation respect sovereign rights nations limiting reach laws enforcement breyer concurring part concurring judgment see also roche ltd empagran recognizing congress enacted ats permit recovery damages pirates others violated basic international law norms understood sosa essentially leads today judges ask today pirates see majority opinion provided framework answering question setting principles drawn international norms designed limit ats claims similar character specificity piracy case must decide extent jurisdictional statute opens federal doors harmed activities belonging limited class sosa set forth activities take place abroad help answer question refer sosa sosa norms international law see part ii infra view majority effort answer question referring presumption extraterritoriality work well presumption rests perception congress ordinarily legislates respect domestic foreign matters morrison national australia bank slip see ante ats however enacted foreign matters mind statute text refers explicitly alien treat ies law nations statute purpose address violations law nations admitting judicial remedy time threatening serious international affairs sosa least one three kinds activities found fall within statute scope namely piracy normally takes place abroad see blackstone commentaries law england majority wish piracy example away emphasizing piracy takes place high seas see ante robbery murder make piracy normally take place water take place ship ship like land falls within jurisdiction nation whose flag flies see mcculloch sociedad nacional de marineros de honduras restatement comment lag state jurisdiction prescribe respect activity aboard ship indeed early century chief justice marshall described piracy offenc nation whose flag vessel sails within whose particular jurisdiction board vessel palmer wheat see furlong wheat crime committed within jurisdiction foreign state crime committed vessel another nation thing majority nonetheless tries find distinction piracy sea similar cases land writes applying law pirates typically impose sovereign onto conduct occurring within territorial jurisdiction another sovereign therefore carries less direct foreign policy consequences ante emphasis added pointed pplying law pirates typically involve applying law acts taking place within jurisdiction another sovereign majority words territorial jurisdiction sensibly land sea purposes isolating adverse foreign policy risks barbary pirates war sinking lusitania lockerbie bombing make clear majority also writes pirates fair game wherever found nation generally operate within jurisdiction ibid much agree pirates fair game wherever found indeed point asked sosa today pirates certainly today pirates include torturers perpetrators genocide today like pirates old fair game found like pirates common enemies mankind nations equal interest apprehension punishment restatement reporters note quoting demjanjuk supp nd ohio internal quotation marks omitted see sosa supra nation harbored pirates provoked concern nations past centuries see infra harboring common enemies mankind provokes similar concerns today thus reasoning applied narrow class cases sosa described fails provide significant support use presumption extraterritoriality rather suggests contrary see also ante conceding citing cases showing generally treated high seas foreign soil purposes presumption extraterritorial application event uses presumption extraterritorial application offers limited help deciding question presented namely circumstances alien tort statute allows courts recognize cause action violations law nations occurring within territory sovereign majority echoes jurisdictional context sosa warning use caution shaping federal causes action ante also makes clear statutory claim might sometimes touch concern territory sufficient force displace presumption ante leaves another day determination presumption extraterritoriality might overcome ante ii applying ats acts occurring within territory nother sovereign assume congress intended statute jurisdictional reach match statute underlying substantive grasp grasp defined statute purposes set forth sosa includes compensation injured piracy equivalents least allowing compensation avoids serious negative international consequences looked established international substantive norms help determine statute substantive reach look international jurisdictional norms help determine statute jurisdictional scope restatement third foreign relations law helpful section recognizes subject requirement nation may apply law example federal common law see conduct takes place persons things within territory also activities interests status relations nationals outside well within territory conduct outside territory intended substantial effect within territory certain foreign conduct outside territory directed security state limited class state interests addition restatement explains state jurisdiction define prescribe punishment certain offenses recognized community nations universal concern piracy slave trade analogous behavior considering jurisdictional norms light ats basic purpose provide compensation injured today pirates sosa basic caution avoid international friction believe statute provides jurisdiction alleged tort occurs american soil defendant american national defendant conduct substantially adversely affects important american national interest includes distinct interest preventing becoming safe harbor free civil well criminal liability torturer common enemy mankind interpret statute providing jurisdiction distinct american interests issue reflects fact congress adopted present statute time justice story put nation ha ever yet pretended custos morum whole world la jeune eugenie cas cc mass restriction also help minimize international friction limiting principles exhaustion forum non conveniens comity practice courts giving weight views executive branch see sosa opinion breyer indicated treat nation interest becoming safe harbor violators fundamental international norms important interest justifying application ats light statute basic purposes particular compensating suffered harm hands torturers modern pirates nothing statute history suggests courts turn blind eye plight victims handful heinous actions libyan arab republic cadc edwards concurring see generally leval long arm international law giving victims human rights abuses day foreign affairs mar apr contrary statute language history purposes suggest statute weapon war modern pirates conduct declar ed war mankind blackstone international norms long included duty permit nation become safe harbor pirates equivalent see generally bradford flying black flag brief history piracy every polis sea suspected sponsoring piracy harboring pirates attacked destroyed athenians sanborn origins early english maritime commercial law henry vii made proclamation harboring pirates purchasing goods risjord representative americans colonists william markham penn lieutenant governor accused harboring pirates philadelphia governor benjamin fletcher new york became target royal inquiry issued privateering commissions band notorious pirates yonge pictorial history world great nations early century government connecticut accused harboring pirates menefee piracy terrorism insurgent passenger historical legal perspective maritime terrorism international law ronzitti ed quoting judge handled seizure chesapeake civil war stating jure gentium justiciable new brunswick wherever field outlines international code art ed citing treaty great britain harboring pirates forbidden nation receive pirates territory permit person within receive protect conceal assist manner must punish persons guilty acts recently two lower american courts effect rested jurisdiction primarily upon kind concern filartiga alien plaintiff brought lawsuit alien defendant damages suffered acts torture defendant allegedly inflicted foreign nation paraguay neither plaintiff defendant american national actions underlying lawsuit took place abroad defendant however resided ninth months sued overstayed visitor visa jurisdiction deemed proper defendant alleged conduct violated international law norm suit vindicated nation interest providing safe harbor free damages claims defendants commit conduct marcos plaintiffs nationals philippines defendant philippine national alleged wrongful act death torture took place abroad estate marcos human rights litigation estate marcos human rights litigation month sued defendant family others loyal fled hawaii ats case heard marcos filartiga found ats jurisdiction sosa referred cases approval suggesting ats allowed claim relief circumstances see also flomo firestone natural rubber posner sosa case nonmaritime extraterritorial conduct yet justice suggested therefore maintained surprisingly sosa courts consistently rejected notion ats categorically barred extraterritorial application see knowledge ever held apply extraterritorially sarei rio tinto plc en banc therefore conclude ats limited conduct occurring within doe exxon mobil cadc hold extraterritoriality bar application statute way suggested consistent international law foreign practice nations long obliged provide safe harbors nationals commit serious crimes abroad see de vattel law nations book ii pretty generally observed practice respect great crimes equally contrary laws safety nations sovereign suffer subjects molest subjects injury compel transgressor make reparation damage injury deliver ed offended state brought justice many countries permit foreign plaintiffs bring suits nationals based unlawful conduct took place abroad see brief government kingdom netherlands et al amici curiae hereinafter netherlands brief citing inter alia guerrero monterrico metals plc ewhc qb eng attacking conduct companies peru lubbe others cape plc ukhl attacking conduct companies south africa rb gravenhage hague december jor rgj de haan dutch shell plc neth attacking conduct dutch respondent nigeria see also brief european commission amicus curiae uncontroversial may exercise jurisdiction ats claims involving conduct committed nationals within another sovereign consistent international law countries permit form lawsuit brought foreign national foreign national based upon conduct taking place abroad seeking damages certain countries find universal criminal jurisdiction try perpetrators particularly heinous crimes piracy genocide see restatement also permit private persons injured conduct pursue actions civiles seeking civil damages criminal proceeding thompson ramasastry taylor translating unocal expanding web liability business entities implicated international crimes geo rev see ely ould dah france app eur mar legal materials metcalf reparations displaced torture victims cardozo comp moreover kingdom netherlands authorizing damages actions tell us objection exercise american jurisdiction cases filartiga marcos netherlands brief time congress ratified treaties obliging find punish foreign perpetrators serious crimes committed foreign persons abroad see convention prevention punishment crimes internationally protected persons including diplomatic agents convention suppression unlawful acts safety civil aviation convention suppression unlawful seizure aircraft restatement reporters note agreements include obligation parties ish extradite offenders even offense committed within territory national see also international convention protection persons enforced disappearance art state parties must take measures establish jurisdiction alleged offender present territory jurisdiction unless extradites surrenders http visited available clerk case file convention torture cruel inhuman degrading treatment punishment arts similar geneva convention iii relative treatment prisoners war art signatories must search persons alleged committed ordered committed grave breaches shall bring persons regardless nationality courts hand persons trial congress sometimes authorized civil damages cases see generally note following torture victim protection act tvpa private damages action torture extrajudicial killing committed authority foreign nation ats replaced tvpa pt tvpa intended enhance remedy already available ats cf mohamad palestinian authority tvpa allows suits natural persons congress aware award civil damages ats including cases filartiga foreign plaintiffs defendants conduct sought limit statute jurisdictional substantive reach rather congress enacted statutes criminal statutes allow prosecute allow victims obtain damages foreign persons injure foreign victims committing abroad torture genocide heinous acts see authorizing prosecution torturers alleged offender present irrespective nationality victim alleged offender supp genocide prosecution authorized regardless offense committed alleged offender present note following private right action behalf individuals harmed act torture extrajudicial killing committed actual apparent authority color law foreign nation see also supra purpose mak sure torturers death squads longer safe providing civil cause action courts torture committed abroad thus jurisdictional approach use analogous consistent approaches number nations consistent approaches set forth restatement insistence upon presence distinct american interest reliance upon courts also invoking related doctrines comity exhaustion forum non conveniens along dependence workability upon courts obtaining paying particular attention views executive branch obviate majority concern jurisdictional example lead nations also applying law nations hale citizens courts alleged violations law nations occurring anywhere else world ante importantly jurisdictional view consistent substantive view statute took sosa approach avoid placing statute jurisdictional scope odds substantive objectives holding word promise compensation victims torturer break ing hope iii applying jurisdictional principles case however agree jurisdiction lie defendants two foreign corporations shares like many foreign corporations traded new york stock exchange presence consists office new york city actually owned separate affiliated company helps explain business potential investors see supp brief petitioners citing wiwa royal dutch petroleum app plaintiffs nationals nationals nations conduct issue took place abroad plaintiffs allege defendants directly engaged acts torture genocide equivalent helped others american nationals circumstances even new york office sufficient basis asserting general jurisdiction see goodyear dunlop tires operations brown farfetched believe based solely upon defendants minimal indirect american presence legal action helps vindicate distinct american interest providing safe harbor enemy mankind thus agree reach far say mere corporate presence suffices ante consequently join judgment opinion