The US Court of Appeals for the Fourth Circuit [4] ruled (PDF [5]) July 1 that the US District Court for the Eastern District of Virginia [6] erred in concluding that it lacked jurisdiction over a case of alleged torture in the Abu Ghraib prison because the alleged abuses occurred in Iraq. The case was brought in 2009 by four plaintiffs against military contractor CACI International Inc [7], accusing the company of crimes against humanity, sexual assault, torture and other violations at Abu Ghraib prison. Applying the fact-based inquiry articulated by the US Supreme Court [8] in Kiobel v. Royal Dutch Petroleum Co [9], the court held that the plaintiffs' claims "touch and concern" the territory of the US with sufficient force to displace the presumption against extraterritorial application of the Alien Tort Statute [10]. The court did not reach the conclusion, however, that the issue was not a political question and thus remanded the case to the district court to undertake factual development of the record to make that determination.
From Jurist [11], July 1. Used with permission.
