The petition in the case — Saleh, et al., v. CACI International and Titan Corp — argued, with the support of international law scholars, retired military officers, and human rights activitists, that there is a sharp split among federal appeals courts on whether the U.S. Alien Tort Statute applied to private, non-state actors. The former Abu Ghraib prisoners also argued that the D.C. Circuit Court has created an entirely unprecedented “battlefield preemption” doctrine that effectively insulates more than 200,000 employees of military contractors in Iraq from any form of legal accountability for wrongdoing.
The detainees’ lawsuit targeted CACI because it provided interrogators to the U.S. military, and Titan because it provided interpreters. Two groups initially filed the lawsuit — seven Iraqis who claimed that they or their late husbands had been tortured at Abu Ghraib, and 12 Iraqis, the estate of one other, and 1,050 “John Does” representing other former detainees. All of those still living remain residents of Iraq.
There is no deadline for the Solicitor General to response to any of Monday’s invitations for its views.
Title: Saleh v. Titan Corp.
Whether the court of appeals erred by finding that claims for torture
and other war crimes cannot be brought against private actors under the
Alien Tort Statute; and 2) whether the court of appeals erred by
creating a “battle-field preemption” doctrine that extends derivative
sovereign immunity to contractors.
- Opinion below (DC Circuit)
- Petition for certiorari
- Amicus brief for Professors of Federal Courts, International Law, and U.S. Foreign Relations Law
- Amicus brief for Retired Military Officers
- Amicus brief for Human Rights First et al.
- Brief of CACI International in opposition
- Brief of Titan Corp. in opposition
- Petitioners’ reply