Supreme Court: Only "Natural Persons" Subject to Liability under TVPA
The Supreme Court just released -- only seven weeks after oral argument -- its decision in Mohamad v.
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The Supreme Court just released -- only seven weeks after oral argument -- its decision in Mohamad v. Palestinian Authority. In an opinion by Justice Sotomayor, the Court unanimously holds that, as used in the Torture Victim Protection Act, the term "individual" encompasses only "natural persons" and not organizations. In addition to meaning that the Palestinian Authority and other non-sovereign organizations may not be held liable, this means that corporations may not be held liable under the TVPA.
John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.
