On July 7, 2023, the US Court of Appeals for the Ninth Circuit ruled that proceedings against Cisco System under the Alien Tort Statute (ATS) can proceed. In this decade long trial, practitioners of Falun Gong – a Chinese religious movement – alleged that they or family members were victims of human rights abuses including torture, arbitrary detention, forced labour, extrajudicial killing and forced disappearance committed by the Chinese Communist Party and Chinese government officials. According to the claimants, the alleged abuses were enabled by technological assistance of Cisco System, a US company which designed, implemented and helped to maintain a surveillance and internal security network (the Golden Shield system) for Chinese officials, greatly enhancing their capacity to identify Falun Gong practitioners and persecute them. In 2011, claimants sued Cisco for aiding and abetting Chinese officials in violation of the ATS.
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On going lawsuits against multinational companies
While the matter of jurisdiction has always been an important hurdle for affected communities to hold multinational corporations accountable, there has been over the past few years an increase of lawsuits brought against those companies before courts in home States. Despite some being dismissed, more and more cases are allowed to proceed, opening new doors for victims.
The article identifies on-going international lawsuits against MNCs, i.e. lawsuits brought in a country that is not the country where the alleged harm occurred.
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