To Proceed with Caution? Aiding and Abetting Liability Under the Alien Tort Statute

Abstract

This article examines the current state of the rule regarding aiding and abetting liability under the Alien Tort Statute. It analyzes a split between appellate court decisions with respect to the mens rea element of the rule in light of relevant international law jurisprudence and the Supreme Court's decision in Sosa v. Alvarez-Machain.