EDNY Rules on Corporate Liability for Chemical Weapons Use in Persian Gulf War

EDNY Rules on Corporate Liability for Chemical Weapons Use in Persian Gulf War

The Eastern District of New York issued an important decision last week in the case of Stutts v. De Dietrich Group, 2006 WL 1867060. The decision is not available online, although the original complaint is available here. The Court held that the Geneva Convention of 1925 is not self-executing and that the relevant U.N. Security Council Resolutions do not provide a private right of action. It did not reach the question of whether there was a customary international law norm against the use of chemical weapons, finding that the defendant corporations did not use such weapons. What is particularly remarkable about the decision is that the federal district court does not make a single reference to Sosa in the entire discussion of the alleged international law violations and the numerous claims under the Alien Tort Statute. Here is an excerpt:

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