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Kiobel versus Dutch Petroleum IRAC
Case: KIOBEL, INDIVIDUALLY AND ON BEHALF OF HER LATE HUSBAND KIOBEL, ET AL. v. ROYAL DUTCH PETROLEUM CO. ET AL. No. 10–1491, U.S. Supreme Court
Issue: Can you sue Corporations under this Tort? Does the Alien Tort Statue even apply to outside the US or to what extent can you prosecute?
Rule: 28 U.S.C. § 1350 : US Code - Section 1350: Alien's action for tort - The 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.
Analysis: The case of Kiobel v. Royal Dutch Shell Petroleum Company a.k.a. Shell was brought up by a group of 12 Nigerians claiming that they or their relatives were tortured, unlawfully arrested, executed, and other crimes against humanity. They alleged Shell supplied ammunition to the Nigerian police, transported soldiers in the corporate helicopters to carry out the crimes, Shell was involved in Corporate Bullying, aided and abetted in the rape of Nigerian women, and violation of human rights (Legal Information Institute, 2015). Kiobel could not sue Shell in Nigeria because the Nigerian Government was corrupt. The Nigerian group’s attempt to file a suit was dismissed by the UK and the Netherlands Company because those countries would not take jurisdiction. The group had taken political asylum because of the crimes in Nigeria and after becoming US citizens. The 12 Nigerians sued in the US under the 1789 Alien Tort Statue (ATS). This statue grants jurisdiction to federal courts to hear tort claims by aliens alleging violations of “the law of nations” (Forbes, 2013).
Conclusion: In October 2011 the District Court’s ruling was that corporations could not be sued under the ATS. The case was appealed and went to the Supreme Court. April 2013 the Supreme Court ruled in the Kiobel case that it would be inappropriate for the court to stand in judgment of events that took place in foreign countries. Chief Justice Roberts, said that its verdict was influenced by “the presumption against extraterritoriality” (Forbes, 2013). This verdict could make it more difficult to enforce corporate liability and sue U.S. corporations based on the corporation’s immoral overseas conduct.

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