ALIEN TORTS STATUTE CLAIMS

The Alien Torts Claims Act of 1789 provides that the US federal trial courts “shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The law addressed infringement of informed consent rights.

The theory is called Jus Cogens: International law based on fundamental international values that cannot be set aside — even by treaties. Until now, it is doubtful any nation has ever violated jus cogens norms on a scale rivaling that of the Third Reich. Genocide and slavery are violations of Jus Cogens—so is violation of informed consent.

Listen to Vera Shirav here.