The US Supreme Court case of Kiobel v Royal Dutch Petroleum may determine whether US-based and global corporations are liable for genocide and other infringements of international law.
The main issue being addressed in the case is whether corporations can be sued for civil wrongs in US civil courts. This is derived from the Alien Tort Statute which permits foreigners to bring civil actions in US courts for violations of international norms. The case involves a class action brought by the Ogoni people of southern Nigeria against the oil company Shell.
Their complaint is that Shell allegedly conspired with the Nigerian government during the 1990s and committed human rights abuses such as “extrajudicial killing, torture and rape against the Ogoni community in the oil-rich Niger Delta.” The decision is expected to be reached by June.
A number of experts and institutions have come forward with their opinion on either side of the argument. The US government is siding with the petitioners and wish to see corporations liable under international law. Nobel Laureate Josephy Stiglitz argues that it is in the State’s best interest to “uphold stringent human rights standards among corporations.” On the other side of the argument sits British Petroleum America, Chevron, Ford Motor Company who all favour Shell’s position.
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