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Another_ATS_Decision_Fourth_Circuit_Holds_Aiding_Lawfare -...

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Page 1 10 of 987 DOCUMENTS Lawfare: Hard National Security Choices September 22, 2011 Thursday 3:43 AM EST Another ATS Decision: Fourth Circuit Holds Aiding and Abetting Liability Re- quires Specific Intent LENGTH: 319 words Adding to the flurry of recent Alien Tort Statute appellate decisions, on Monday the Fourth Circuit issued its opinion in Aziz v. Alcolac, an ATS and TVPA suit brought by Iraqi Kurds against a US company that had supplied a chemical used by the Saddam Hussein regime to manufacture mustard gas used against the Kurds in the 1980s. A unanimous panel held that: 1) the TVPA imposes liability only on individuals, not corporations; 2) the ATS permits claims for aid- ing and abetting liability but only if the alleged tortious conduct is purposeful; and 3) the plaintiffs had not alleged that the defendant intended to aid and abet Saddam's genocide against the Kurds. The panel declined to consider the currently hot issue of corporate liability under the ATS, which has resulted in a cir-
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