ABSTRACT

This chapter unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ATS). The ATS allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ATS adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The experiences of US courts of general jurisdiction as receivers of international criminal law instruct upon broader socio-legal patterns of transnational migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals. These experiences, in turn, reveal the fluidity of the practices and the work product of the international criminal tribunals.