Cohen Milstein Announce Plaintiffs Win in Major So. African Apartheid Regime Lawsuit.Case Tested Alien Torts Claims Act Statutes WASHINGTON -- Today the U.S. Court of Appeals for the Second Circuit held that corporations can be held liable for aiding and abetting a·bet tr.v. a·bet·ted, a·bet·ting, a·bets 1. To approve, encourage, and support (an action or a plan of action); urge and help on. 2. human rights violations in the South African Apartheid case, Khulumani et al v. Barclays et al. The Court found for the plaintiffs and remanded the case back to the District Court for further proceedings. The lawsuit is predicated on the Alien Torts Claims Act which grants U.S. courts jurisdiction over certain violations of international law. The lawsuit seeks to hold those businesses that aided and abetted human rights violations by the apartheid regime responsible for the wrongs they made possible. For example: IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries) and ICL provided the computers that enabled South Africa to create the hated passbook system and to control the black South African population. Daimler Chrysler Corporation and other manufacturers provided the armored vehicles that were used to patrol the townships. Arms manufacturers violated the embargoes on sales to South Africa as did the oil companies. Extrajudicial That which is done, given, or effected outside the course of regular judicial proceedings. Not founded upon, or unconnected with, the action of a court of law, as in extrajudicial evidence or an extrajudicial oath. killings, torture, and arbitrary detention are recognized violations of international law and all of these were practiced by the Apartheid regime in South Africa between 1960 and 1993. Apartheid itself was recognized as a crime against humanity In international law a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense. and a violation of international law by the world community, as evidenced by decades of U.N. resolutions and the Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have . Michael D. Hausfeld, (Cohen cohen or kohen (Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male. , Milstein, Hausfeld & Toll), the lead counsel, said "Today's Appeals Court decision is a major victory. It enables victims of terrible human rights abuses to hold those who aided and abetted those abuses accountable. Apartheid was an institutionalized system of racial disenfranchisement dis·en·fran·chise tr.v. dis·en·fran·chised, dis·en·fran·chis·ing, dis·en·fran·chis·es To disfranchise. dis , forced labor, and criminal domination. It sought to and did exploit and degrade the black South African population for a criminal purpose, through criminal means." Mr. Hausfeld is available to comment on the importance of this decision and next steps in the case. A copy of the decision is available upon request. |
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