Kiobel v. Royal Dutch Petroleum Co.
569 U.S. ___ (2013)

Annotate this Case

SUPREME COURT OF THE UNITED STATES

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No. 10–1491

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ESTHER KIOBEL, individually and on behalf of her late husband, Dr. BARINEM KIOBEL, et al., PETI- TIONERS v. ROYAL DUTCH PETROLEUM CO. et al.

on writ of certiorari to the united states court of appeals for the second circuit

[April 17, 2013]

     Justice Kennedy, concurring.

     The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation of the Alien Tort Statute. In my view that is a proper disposition. Many serious concerns with respect to human rights abuses committed abroad have been addressed by Congress in statutes such as the Torture Victim Protection Act of 1991 (TVPA), 106Stat. 73, note following 28 U. S. C. §1350, and that class of cases will be determined in the future according to the detailed statu- tory scheme Congress has enacted. Other cases may arise with allegations of serious violations of international law principles protecting persons, cases covered neither by the TVPA nor by the reasoning and holding of today’s case; and in those disputes the proper implementation of the pre- sumption against extraterritorial application may require some further elaboration and explanation.

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