Kiobel v. Royal Dutch Petroleum Co.

569 U.S. 108 (2013)

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Nature of the Case

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Facts

Ps a group of Nigerian nationals residing in the United States, filed suit in federal court against Ds under the Alien Tort Statute, 28 U.S.C. §1350, alleging that Ds aided and abetted the Nigerian Government in committing violations of the law of nations in Nigeria. Ps were residents of Ogoniland in the Niger delta area of Nigeria. Ds were engaged in oil exploration and production in Ogoniland. After concerned residents of Ogoniland began protesting the environmental effects of Ds’ practices, Ds enlisted the Nigerian Government to violently suppress the demonstrations. The Nigerian military and police forces attacked Ogoni villages, beating, raping, killing, and arresting residents and destroying or looting property. Ps allege that D aided and abetted these atrocities by, among other things, providing the Nigerian forces with food, transportation, and compensation, as well as by allowing the Nigerian military to use Ds’ property as a staging ground for attacks. Ps moved to the United States where they have been granted political asylum and now reside as legal residents. Ps filed suit alleging jurisdiction under the Alien Tort Statute (ATS) and requesting relief under customary international law. Under the ATS “district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” 28 U.S.C. §1350. The District Court dismissed the first, fifth, sixth, and seventh claims, reasoning that the facts alleged to support those claims did not give rise to a violation of the law of nations. The Second Circuit dismissed the entire complaint, reasoning that the law of nations does not recognize corporate liability. The Supreme Court granted certiorari.