Canadian Oil Firm sued for Aiding Sudanese Genocide

Stravo · Post by **Stravo** » 2003-03-20 04:34pm

http://www.law.com/jsp/article.jsp?id=1046833601404

Suit Alleging Canadian Oil Firm Aided Sudan Genocide Proceeds

Mark Hamblett
New York Law Journal
03-20-2003

A Southern District of New York federal judge has refused to dismiss claims that a Canadian oil company abetted genocide by the government of Sudan against its own people.

Talisman Energy Inc. had asked Judge Allen G. Schwartz to dismiss the case brought by plaintiffs who said the company was complicit in a campaign of kidnapping, rape, murder and land confiscation conducted by the government against non-Muslim residents who lived within a 50-mile radius of oil fields and transport systems.

The company, the largest independent oil producer in Canada, has been operating in the Sudan through a consortium of oil companies for more than four years.

It claimed that jurisdiction for the lawsuit, The Presbyterian Church of Sudan v. Talisman Energy Inc., 01 Civ. 9882, was lacking in the Southern District.

The plaintiffs in the class action, which included a number of churches allegedly destroyed as part of a "war of genocide" that has already killed more than 2 million people in the east African nation, sought recovery under the Alien Tort Claims Act, 28 U.S.C. § 1350.

Although Talisman had claimed that a corporation is "legally incapable of violating the law of nations," Schwartz's 107-page ruling Wednesday said that the company had "failed to cite a single Supreme Court, Second Circuit or even Southern District of New York case" supporting that proposition.

On the contrary, Judge Schwartz said, the 2nd Circuit has explicitly "rejected the notion that the reach of international law was limited to states and those acting under color of state law."

And while the 2nd Circuit has never directly addressed whether corporations can be held liable for international law violations under the Alien Tort Claims Act, Schwartz said, the circuit has, in a number of cases, recognized that corporations "are potentially liable for violations of the law of nations that ordinarily entail individual responsibility," including violations of "jus cogens" norms such as piracy, trade in slaves and genocide.

States may exercise universal jurisdiction over violations of these norms, he said, and "this universal jurisdiction extends not merely to criminal liability but may also extend to civil liability."

Moreover, the judge said, the rulings of other circuits, international tribunal precedent, international treaties, as well as the practices of international corporations, all indicate that companies can be held liable for violations of international law.

AIDING AND ABETTING

The judge rejected arguments by the company that aiding and abetting are not actionable theories of civil liability under the Alien Tort Claims Act, and he upheld several challenges to the sufficiency of the complaint.

"Plaintiffs, while noting that Talisman's primary interest was in oil extraction, not in 'ethnic cleansing,' allege that Talisman willingly worked with Sudan to commit acts of 'ethnic cleansing' as a means of securing the oil supply," he said.

"The fact that the allegedly unlawful acts also generated oil revenue does not mean they were not war crimes."

He then denied dismissal of the case urged by the company on the basis of forum non conveniens, finding that Sudan was not an adequate alternate forum, and that the United States has a real interest in "vindicating international human rights violations."

Finally, the judge dismissed arguments made by the company that certain diplomatic overtures being made to the Sudan by the United States might be harmed if the lawsuit were allowed to proceed.

Carey R. D'Avino of New York and Stephen A. Whinston of Philadelphia represented the plaintiffs. Joseph P. Cyr of Clifford Chance represented Talisman.

MKSheppard · Post by **MKSheppard** » 2003-03-20 04:44pm

But....But........don't you mean HALIBURTON?!?!?1

Oh woe is me!

You mean CANADIAN oil companies are just as evil?

Darth Fanboy · Post by **Darth Fanboy** » 2003-03-20 04:47pm

Why is this case being tried in the US? What the hell?

Stormbringer · Post by **Stormbringer** » 2003-03-20 05:08pm

Darth Fanboy wrote:Why is this case being tried in the US? What the hell?

The Article wrote:He then denied dismissal of the case urged by the company on the basis of forum non conveniens, finding that Sudan was not an adequate alternate forum, and that the United States has a real interest in "vindicating international human rights violations."

Because Sudan wasn't an acceptable forum for any trial and the US was chosen as the local for the trial as an acceptable third party.

Mark S · Post by **Mark S** » 2003-03-20 05:16pm

If this is the same company I'm thinking of, it's not the first time I've heard stories like this about them. Needless to say, I don't use them.

Stormbringer · Post by **Stormbringer** » 2003-03-20 05:18pm

Mark S wrote:If this is the same company I'm thinking of, it's not the first time I've heard stories like this about them. Needless to say, I don't use them.

I beleive that this company and Shell were involved in some similar behaviour in Nigeria.

Next of Kin · Post by **Next of Kin** » 2003-03-20 05:35pm

Mark S wrote:If this is the same company I'm thinking of, it's not the first time I've heard stories like this about them. Needless to say, I don't use them.

You're right, Talisman has been in the news before and it has been over their shenanigans in the Sudan.

Asst. Asst. Lt. Cmdr. Smi · Post by **Asst. Asst. Lt. Cmdr. Smi** » 2003-03-20 06:26pm

Darth Fanboy wrote:Why is this case being tried in the US? What the hell?

Well, it involves a company based in Canada, and Sudan, and I'm not sure the average American High Schooler can locate either one of them on a map, so I'm guessing they decided to make it easy on them and set it in their country.

Enlightenment · Post by **Enlightenment** » 2003-03-20 06:40pm

Asst. Asst. Lt. Cmdr. Smi wrote:Well, it involves a company based in Canada, and Sudan, and I'm not sure the average American High Schooler can locate either one of them on a map, so I'm guessing they decided to make it easy on them and set it in their country.

Careful. The rightwingnut brigade will start pounding on your head for making a 'sweeping generalization.'

Regardless of the venue, it's about damned time that foreign businesses started getting called on the carpet for bankrolling 3rd world human rights abuses. I hope--although do not expect--that Shell winds up on the wrong end of a lawsuit for Nigeria, and someone eventually brings Diamondworks to justice for its role in funding Sieera Leone's civil war.

Oh, and MKS, Stravo: nice try.

Stormbringer · Post by **Stormbringer** » 2003-03-20 06:44pm

Enlightenment wrote:Careful. The rightwingnut brigade will start pounding on your head for making a 'sweeping generalization.'

Quit trolling asshole. And you wonder why people hate your guts and think you're a troll?

Enlightenment wrote:Regardless of the venue, it's about damned time that foreign businesses started getting called on the carpet for bankrolling 3rd world human rights abuses. I hope--although do not expect--that Shell winds up on the wrong end of a lawsuit for Nigeria, and someone eventually brings Diamondworks to justice for its role in funding Sieera Leone's civil war.

I think the age of corporate invulnerability is coming to an end. The increasing globalization has it's benefits. Some big coporations have as much power as nations and they'd damn well better be held to the same standards.

Stravo · Post by **Stravo** » 2003-03-20 06:53pm

Enlightenment wrote:
Asst. Asst. Lt. Cmdr. Smi wrote:Well, it involves a company based in Canada, and Sudan, and I'm not sure the average American High Schooler can locate either one of them on a map, so I'm guessing they decided to make it easy on them and set it in their country.
Careful. The rightwingnut brigade will start pounding on your head for making a 'sweeping generalization.' .

No, we leave that up to you.

Enlightenment wrote:Oh, and MKS, Stravo: nice try.

Brush, brush...painting furiously with that mighty big brush are'tcha???

Enlightenment · Post by **Enlightenment** » 2003-03-20 07:06pm

Stormbringer wrote:Quit trolling asshole.

Game set and match.

Enlightenment wrote:I think the age of corporate invulnerability is coming to an end. The increasing globalization has it's benefits. Some big coporations have as much power as nations and they'd damn well better be held to the same standards.

Counter example 1:: Union Carbide. India wants several of their ex board members on charges in relation to Bophal. Guess who won't extradite them.

Counter example 2: Microsoft. Reciently accepted the surrender of the US government at the conlusion of the anti-trust trial.

If anything, corporate immunity is growing rather than declining.

Illuminatus Primus · Post by **Illuminatus Primus** » 2003-03-20 07:09pm

Enlightenment wrote:
Asst. Asst. Lt. Cmdr. Smi wrote:Well, it involves a company based in Canada, and Sudan, and I'm not sure the average American High Schooler can locate either one of them on a map, so I'm guessing they decided to make it easy on them and set it in their country.
Careful. The rightwingnut brigade will start pounding on your head for making a 'sweeping generalization.'

He pointed out average.

Everyone is the U.S. is a communist or psychopathic imperialist shitface unless we're in the mountains trying to overthrow Bush. There's a reason you're a generalizing bigot.

Stormbringer · Post by **Stormbringer** » 2003-03-20 07:15pm

Enlightenment wrote:
Stormbringer wrote:Quit trolling asshole.
Game set and match.

Enlightenment wrote:Counter example 1:: Union Carbide. India wants several of their ex board members on charges in relation to Bophal. Guess who won't extradite them.

Given the Indian legal system doesn't have the best reputation I don't blame them. It's one thing to hand some one off to a responsible legal authority another to hand them to a kangaroo court.

Enlightenment wrote:Counter example 2: Microsoft. Reciently accepted the surrender of the US government at the conlusion of the anti-trust trial.

If anything, corporate immunity is growing rather than declining.

Not every case is going to be a win. And they didn't exactly appoint their best to the case.

Enlightenment · Post by **Enlightenment** » 2003-03-20 07:21pm

Stormbringer wrote:Given the Indian legal system doesn't have the best reputation I don't blame them. It's one thing to hand some one off to a responsible legal authority another to hand them to a kangaroo court.

Who cares about the quality of the legal system? There's utterly no doubt that disaster occured and that these people were ultimately responsible for the plant's operations. That is more than enough to establish that they're guilty of something; the only question should be how many years they rot in prison.

Not every case is going to be a win. And they didn't exactly appoint their best to the case.

That rather makes my point. Microsoft is too large to be attacked by private individuals or other businesses. If the government lacks the political will to deal with them, then they effectively are above the law.

Enlightenment · Post by **Enlightenment** » 2003-03-20 07:23pm

Illuminatus Primus wrote:Everyone is the U.S. is a communist or psychopathic imperialist shitface unless we're in the mountains trying to overthrow Bush. There's a reason you're a generalizing bigot.

Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Both Hitler and Shrubby would be proud.

(I'm taking bets that he's going to start saying that I just equated Hitler with Shrub. Any takers?)

Stormbringer · Post by **Stormbringer** » 2003-03-20 07:24pm

Who cares about the quality of the legal system? There's utterly no doubt that disaster occured and that these people were ultimately responsible for the plant's operations. That is more than enough to establish that they're guilty of something; the only question should be how many years they rot in prison.

It might not matter to you but we believe in giving people their legal rights. They probably are guilty as hell but you don't send them off to a kangaroo court.

That rather makes my point. Microsoft is too large to be attacked by private individuals or other businesses. If the government lacks the political will to deal with them, then they effectively are above the law.

They are hardly above the law. Or did you not notice the government did take them on?

Joe · Post by **Joe** » 2003-03-20 07:27pm

Enlightenment wrote:
Illuminatus Primus wrote:Everyone is the U.S. is a communist or psychopathic imperialist shitface unless we're in the mountains trying to overthrow Bush. There's a reason you're a generalizing bigot.
Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Both Hitler and Shrubby would be proud.

(I'm taking bets that he's going to start saying that I just equated Hitler with Shrub. Any takers?)

You did just equate Hitler with Shrub, hippie.

HemlockGrey · Post by **HemlockGrey** » 2003-03-20 07:29pm

Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Unlikely. Your use of this strategy appears to be rather ineffective.

Post by **Colonel Olrik** » 2003-03-20 07:30pm

I'm watching this thread..

Stormbringer · Post by **Stormbringer** » 2003-03-20 07:30pm

Enlightenment wrote:Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Both Hitler and Shrubby would be proud.

You can't help but troll can you?

Enlightenment wrote:(I'm taking bets that he's going to start saying that I just equated Hitler with Shrub. Any takers?)

Considering you did...

Col. Crackpot · Post by **Col. Crackpot** » 2003-03-20 07:46pm

Enlightenment wrote:
Illuminatus Primus wrote:Everyone is the U.S. is a communist or psychopathic imperialist shitface unless we're in the mountains trying to overthrow Bush. There's a reason you're a generalizing bigot.
Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Both Hitler and Shrubby would be proud.

(I'm taking bets that he's going to start saying that I just equated Hitler with Shrub. Any takers?)

Post by **Sea Skimmer** » 2003-03-20 09:38pm

Enlightenment wrote:
Repeat the Big Lie frequently enough and everyone will agree with you eventually.

Both Hitler and Shrubby would be proud.

(I'm taking bets that he's going to start saying that I just equated Hitler with Shrub. Any takers?)

Enlightenment in another thread wrote:The three of you are mistaking expressions of contempt for trolling. There is a difference.

Care to explain the difference and why this should not be considered the trolling it is?

Enlightenment · Post by **Enlightenment** » 2003-03-20 10:24pm

Stormbringer wrote:It might not matter to you but we believe in giving people their legal rights. They probably are guilty as hell but you don't send them off to a kangaroo court.

Again, there's no doubt that they're guilty of something. A trial is unnecessary and one hell of a lot more than they gave the people that their plant gassed. There's no need for a fair hearing here so handing them over to a kangaroo court shouldn't be a problem.

They are hardly above the law. Or did you not notice the government did take them on?

The government did not, however, have the political will to win. For all intents and purposes it was a show trial intended to give the appearance of doing something about Microsoft without actually doing it. The only difference between non-enforcement and 'enforcement' managed so incompetently that it is bound to fail is that one costs nothing and the other lines the pockets of yet more lawyers. A law that is not enforced--either through lack of prosecution or deliberately inept prosecution--might as well not exist

Enlightenment · Post by **Enlightenment** » 2003-03-20 10:27pm

Durran Korr wrote:You did just equate Hitler with Shrub, hippie.

Stalin and Ghandi slept in beds. Therefore Ghandi is a communist mass murder.

You just used the same fallacy.