Mohamad v. Palestinian Authority
Citation and Court
566 U.S. 449 (2012), Supreme Court of the United States
Facts
The family of Azzam Mohamad Rahim, a U.S. citizen who died while in the custody of the Palestinian Authority, sued the Palestinian Authority and the Palestine Liberation Organization under the Torture Victim Protection Act (TVPA) for torture and extrajudicial killing.
Issue
Whether the term “individual” in the TVPA, which imposes liability on anyone who subjects a person to torture or extrajudicial killing, encompasses organizations as well as natural persons.
Holding
The TVPA’s term “individual” means only natural persons; organizations, including the Palestinian Authority and the PLO, cannot be held liable under the TVPA.
Rule / Doctrine
Statutory use of “individual” refers to natural persons, not organizations, unless the statute clearly indicates otherwise. The TVPA creates personal liability for human perpetrators of torture and extrajudicial killing but does not authorize suit against entities.
Significance
Mohamad significantly limited the reach of the TVPA by excluding organizational defendants, forcing human rights plaintiffs to identify individual officers or agents as defendants rather than suing the entity itself. It also clarified the relationship between the TVPA and ATS litigation.