Accountability for Private Military Contractors Under the Alien Tort Statute

10 Nov 2009 02:57pm Jenny S. Lam 

This paper examines private military companies' potential liability under the Alien Tort Statute ("ATS") for human rights abuses committed abroad while under contract with the U.S. government. Following a review of the existing literature and relevant case law, I conclude that private military companies ("PMCs") may indeed be held liable under the Alien Tort Statute.  Furthermore, after analyzing the arguments for and against ATS liability and the continued use of PMCs in high-risk situations, I argue that the U.S. government should scale back its reliance on PMCs in situations where private individuals are likely to incur ATS liability.

  |   VIEW PDF


The California Law Review is the preeminent legal publication at the UC Berkeley School of Law.
Founded in 1912, CLR publishes six times per year on a variety of engaging topics in legal scholarship.
The law review is edited and published entirely by students at Berkeley Law.