Weekend Roundup: Sarei, Sri Lanka, Exhaustion, Law Profs, Sikh Genocide

– Lawfare on Sarei v. Rio Tinto:

In passing and without any supporting authority, the majority also invents an entirely new doctrine — that the act-of-state doctrine (which precludes the federal courts from inquiring into the validity of the public acts of foreign sovereigns) does not apply to jus cogens violations.  To my knowledge, no other federal court has recognized such an exception.  Indeed, in the analogous area of sovereign and official immunity, other courts (including the Ninth Circuit itself) have found that there is no jus cogens exception to the immunities of foreign governments or their officials.  See, e.g., Matar v. Dichter, 563 F.3d 9, 15 (2d Cir. 2009).

– Sri Lanka’s Sunday Observer is not a big fan of the ATCA suit against Sri Lankan general Shavendra Silva:

Hence, these countries where the LTTE sympathisers and shadow wings and front organisations file cases against Sri Lanka’s valiant soldiers turned diplomats should not fall prey to such baseless and unfounded allegations. First and foremost, these former commanders of Sri Lanka’s Security Forces enjoy diplomatic immunity as they serve in top positions in Sri Lanka’s missions abroad.


Hence, it is now time that they stop grave-digging and extend a hand of solidarity and goodwill to Sri Lanka’s reconciliation efforts. They should instead, commend Sri Lanka’s exemplary role as the first country to eradicate terrorism. President Mahinda Rajapaksa and his Government are making a sincere effort to usher in a better tomorrow for all communities in Sri Lanka. It would be far better if those who level charges against Sri Lanka tour the North and the East and see for themselves the progress the nation has made in reconciliation and resettlement. Top priority has been given for infrastructure development projects while thousands of ex-LTTE cadre have been rehabilitated and integrated into the society.

– Judith A. Archer, Sarah E. O’Connell and Todd Ryan Hambidge of Fulbright and Jaworski explain the state of play on the exhaustion issue.

– Kenneth Anderson of the Volokh Conspiracy discusses the role of academics in explaining international law to U.S. judges.

SikhSayasat.net covers ongoing developments in the Kamal Nath ATCA case.


About Charles Donefer

I am an attorney in New York City.
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