The Alien Tort Statute is a 1789 US provision used for raising claims on international core crimes even when committed against foreigners, on foreign soil and with foreign corporations’ complicity. Its uniqueness may permit enforcing human rights in domestic courts granting access to civil redress vis-à-vis lack of international remedies. However, most of the cases are dismissed on prudential doctrines, subject-matter jurisdiction and extraterritorial application issues. The discussion has generally become highly contested since a circuit court unprecedentedly held that corporations cannot be liable under international law, and the US Supreme Court granted a writ of certiorari hearing, subsequently, submissions on corporate immunity for international core crimes.
This work seeks to contribute to the discussion on the domestic protection of human rights. Access to justice juridical challenges for foreign victims, while suing corporations under the ATS, are analyzed through a replicable selection of cases method.