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Journal of International Criminal Justice 2006 4(2):372-386; doi:10.1093/jicj/mql012
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

The Alien Tort Statute

Blackstone and Criminal/Tort Law Hybridities

Jaykumar A. Menon*

* Research Fellow, Centre for International Sustainable Development Law, based at McGill University, Montreal, Quebec; JD, Columbia Law School, Master of International Affairs, Columbia University School of International and Public Affairs; BA, Brown University. The author thanks Professor George Fletcher for his assistance and insights.

[jmenon{at}cisdl.org]

The importation of criminal law concepts into the area of civil law is attracting increasing interest. The United States’ Alien Tort Statute (ATS), though principally known for enabling international human rights suits to be filed in the domestic courts of the United States, also imports criminal law notions into civil litigation. This article explores the hybrid nature of the ATS in the context of the development of international law, and raises the question of whether ‘grandeur’ is a principal reason for the ATS’ existence.


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