Angela Walker, The Hidden Flaw in Kiobel: Under the Alien Tort Statute the mens rea standard for corporate aiding and abetting is knowledge,
10 Nw. U. J. Int’l Hum. Rts. 119, (2011).
This article addresses the circuit split concerning the mens rea standard for corporate aiding and abetting under the Alien Tort Statute by analyzing the flawed analysis set forth by Judge Leval in Kiobel v. Royal Dutch Petroleum Co. While many experts focus on whether international law or U.S. federal common law should govern the standards for accessorial civil liability under the ATS, it is the misinterpretation of international customary law that is the root of the diverging opinions concerning the mens rea standard. In fact, international law and domestic law reach the same conclusion, which is that the mens rea standard for accessorial civil liability is knowledge.
The full article can be accessed here: The Hidden Flaw in Kiobel.