Kiobel vs. Royal Dutch Shell: A Challenge to Transitional Justice

Abstract

This case note reviews the 2013 US Supreme Court decision in Kiobel v Royal Dutch Petroleum Co (‘Kiobel’) with reference to its potential implications for transitional justice. It argues that the Alien Tort Statute was an innovative transitional justice mechanism that has, due to the Kiobel decision, been sharply curtailed. Moreover, what the Court offered by way of reasoning for its dismissal of the Kiobel case, and what it did not say regarding liability for corporations raise concerning issues for the prospects of non-American human rights victims seeking redress and justice in US courts.

Keywords: Alien Tort Statute; corporate accountability; transitional justice; human rights; Kiobel