Kadic v. Karadzic
Citation and Court
70 F.3d 232 (2d Cir. 1995)
Facts
Bosnian-Serb plaintiffs sued Radovan Karadzic, leader of the Bosnian Serb forces, in U.S. federal court under the Alien Tort Statute (28 U.S.C. § 1350) and the Torture Victim Protection Act, alleging genocide, rape, forced prostitution, and other atrocities committed in Bosnia. Karadzic was served while visiting New York in his capacity as a leader of the unrecognized Republika Srpska.
Issue
Whether a non-state actor such as a leader of an unrecognized entity can be liable under the Alien Tort Statute for genocide and war crimes, which traditionally require state action.
Holding
Certain violations of international law — including genocide, war crimes, and piracy — do not require state action and can be committed by non-state actors; Karadzic could be sued under the ATS for those claims.
Rule / Doctrine
Not all violations of the law of nations require state action. Genocide, war crimes, and slave trading are offenses that any actor — state or private — can commit under customary international law. The ATS confers jurisdiction over such claims against private actors as well as state officials.
Significance
Kadic expanded the reach of the ATS to non-state actors for violations of jus cogens norms, setting the stage for human rights litigation against corporations and private militias in U.S. courts. It also addressed personal jurisdiction via transient service (Karadzic served in New York).