November 30, 2004
Statement by USCIB President Thomas Niles on the Dismissal of Alien Tort Lawsuits Against Companies Operating in South Africa Under Apartheid
USCIB and its members welcome the decision announced yesterday by Judge John E. Sprizzo of the United States District Court for the Southern District of New York, dismissing the claim filed against a large number of United States and international companies for alleged responsibility for damages suffered by the people of South Africa during the apartheid period.
In USCIB’S view, Judge Sprizzo correctly interpreted the recent decision of the United States Supreme Court in Sosa v. Alvarez-Machain, which established an extremely narrow set of circumstances in which the Alien Tort Statute of 1789 can be applied to alleged actions occurring outside the United States.
USCIB, together with the International Chamber of Commerce, has long sought to call attention to the misuse of the Alien Tort Statute to bring cases in United States courts against companies for what amount to actions by foreign governments. As Judge Sprizzo correctly stated, this misuse of the Alien Tort Statute could have “significant, if not disastrous, effects on international commerce.”
The Republic of South Africa has its own process for dealing with the issues arising from the apartheid period and, as it pointed out to the Court, does not need the assistance of United States courts and trial lawyers to deal with those issues.
Mr. Niles is available for comment to the media. Please contact Jonathan Huneke, VP Communications, at 212-703-5043 or jhuneke@uscib.org.
Recent related items on this website:
July 16, 2004 - Supreme Court Ruling Seen as Curbing Abuse of Alien Tort Statute
July 1, 2004 - Statement on the Supreme Court’s Decision on the Alien Tort Statute
January 23, 2004 - Press Release: Business Groups Urge Supreme Court to Curtail Abuse of Alien Tort Statue
July 17, 2003 - Britain, South Africa Blast Apartheid Liability Lawsuits
