Alien Tort Claims Act—genocide—war crimes—violations of international law by nonstate actors: Kadic v. Karadzic. 70 F.3d 232, cert, denied, 64 U.S.L.W. 3832 (June 18, 1996)

Abstract

In a suit brought by Bosnian nationals against Radovan Karadzic, die U.S. Court of Appeals for the Second Circuit held that, under the Alien Tort Claims Act, a U.S. district court may exercise jurisdiction over a nonstate actor accused of committing genocide or war crimes in violation of international law. Relying on various international agreements, including the Convention on the Prevention and Punishment of the Crime of Genocide and common Article 3 of the four Geneva Conventions, the court found that, under modern international law, genocide and war crimes are universally condemned regardless of whether the perpetrator is die agent of a state or an independent, nonstate actor. However, the court declined to extend its holding beyond these two categories of international law violations, finding that no similar consensus exists widi respect to more commonplace violations such as torture and summary execution; the current state of international law with respect to these acts concerns state actors only, according to die court.