Alien Tort Statute

The Alien Tort Statute ("ATS"; also known as the Alien Tort Claims Act) is a common name for 28 U.S.C. § 1350. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort “committed in violation of the law of nations or of a treaty of the United States." Broadly speaking, it serves as a statutory instrument for gaining universal jurisdiction over violations of international law.

In Kiobel v. Royal Dutch Petroleum Co., the United States Supreme Court held that the ATS only grants jurisdiction for violations of international law occurring within the United States. Moreover, in Sosa v. Alvarez-Machain, the Supreme Court held that ATS claims can proceed against both natural persons and legal persons, but claims against state governments are precluded by sovereign immunity.