The South Africa cases are a series of lawsuits filed under the ATCA against dozens of corporations allegedly complicit in apartheid in South Africa. The cases were dismissed by a federal judge in New York on the ground that aiding and abetting is never actionable under the ATCA. The cases are now on appeal to the U.S. Court of Appeals for the Second Circuit. The appeal is critical to further efforts to use aiding and abetting theories against corporations in other cases. ERI submitted an amicus brief on behalf of nine career U.S. diplomats arguing that aiding and abetting liability supports U.S. foreign policy by promoting human rights, ensuring that U.S. corporations do not damage the reputation of the U.S., and guaranteeing that constructive engagement is truly constructive, rather than supporting the very abuses such a policy seeks to end. The brief also notes that the Bush Administration has strongly endorsed aiding and abetting liability in the context of the war on terrorism. The Bush Administration has in the past argued to various courts that aiding and abetting liability should not be recognized under the ATS because it interferes with US foreign policy.

Download Brief of Appellants Part 1

Download Brief of Appellants Part 2

Download Brief of Diplomats as Amici Curiae