Filartiga v. Pena-Irala

Abstract

Human rights — Torture, inhuman and degrading treatment — Whether contrary to customary international law — Whether customary international law now prohibits violations of human rights principles committed by a State against its own nationals

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Whether extending to State’s treatment of its own nationals — Torture — Unauthorized acts of torture committed by State official — Whether a violation of international law

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State doctrine — Whether applicable to acts in violation of international law — Torture — Whether applicable to unauthorized acts of State official — Effect of doctrine on award of damages

Sources of international law — General — State practice — Treaties — Writings of publicists — Judicial decisions — Evolution of international law over two centuries

Damages — Principles on which damages awarded — Punitive damages — Action by relatives of deceased person against police officer of foreign State — Defendant found to have tortured deceased to death — Whether award of punitive damages appropriate — The law of the United States