Litigating International Human Rights Claims of Sexual Violence in the U.S. Courts: A Brief Overview of Cases Brought under the Alien Tort Statute and Torture Victim Protection Act

This chapter focuses on one small part of the global movement to end sexual violence and to punish those who perpetrate, command, and are otherwise complicit in rape and other types of sexual violence, or violence of a sexual nature other than rape. It also focuses on cases brought under two statutes in the United States (US): the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA). "Violence against women" is violence targeted against women because of this gender identification. To date, no court has ruled on international human rights claims for gender violence — violence inflicted against women, lesbians, gays, bisexuals or transgender people, because of gender identity. In the 1990s, the recognition in US courts that sexual violence constituted a violation of the customary international law was tremendous progress in mainstreaming sexual violence claims. ATS and TVPA lawsuits have resulted in numerous successes as well as defeats, at least in the legal decisions in court.