Filartiga v. Pena-Irala
Citation: 630 F.2d 876 (2d Cir. 1980)
Facts
Joel Filartiga and his daughter, Paraguayan citizens, sued Americo Pena-Irala, a former Paraguayan police inspector, in the Eastern District of New York under the Alien Tort Statute (ATS). They alleged that Pena-Irala had tortured and killed Joel’s son Joelito in Paraguay as part of an official act. Both parties were aliens; the acts occurred in Paraguay.
Issue
Does the Alien Tort Statute confer federal jurisdiction over a civil suit by an alien against another alien for torture committed in a foreign country, in violation of the law of nations?
Holding
Yes. The Second Circuit held that the ATS grants federal courts jurisdiction over torts committed in violation of customary international law, and that official torture violates universally recognized norms of international law. The statute provides both jurisdiction and an implicit cause of action.
Rule
The Alien Tort Statute grants federal court jurisdiction over civil suits by aliens for torts committed in violation of the law of nations. Where there is a universally recognized international norm — such as the prohibition on official torture — the ATS permits suits even when all parties are aliens and the conduct occurred abroad.
Significance
Filartiga launched the modern era of ATS human rights litigation. It inspired a generation of suits against foreign officials and eventually corporations for international human rights violations. Its scope was subsequently limited by Sosa v. Alvarez-Machain and Kiobel v. Royal Dutch Petroleum.