Since 1993, more than 400 women have been murdered in Ciudad Judrez,
Mexico. Few, if any of these crimes have been solved, largely because local
Mexican officials have failed to adequately investigate them. This Article
argues that femicide victims could hold those officials civilly liable as third
parties for these femicides in U.S. federal courts under the Alien Tort
Statute (ATS). Although aiding and abetting liability is the most common
form of third-party liability sought in ATS cases, several high profile
cases have challenged whether it should exist under the ATS. The author
agrees with many courts and scholars that aiding and abetting liability
should be sustained. However, the author argues that none of the
previously proposed standards for aiding and abetting would reach the
Mexican officials. Instead, the author proposes "acquiescence to torture"
as an innovative form of third-party liability. Acquiescence to torture, as
it has been defined in U.S. non-refoulement cases, would broaden the
scope of the ATS to allow a suit against Mexican officials for their failure
to adequately prevent or investigate the femicides in Ciudad Judrez.
Simmons, William Paul
"Liability of Secondary Actors under the Alien Tort Statute: Aiding and Abetting and Acquiescence to Torture in the Context of the Femicides of Ciudad Jua'rez,"
Yale Human Rights and Development Law Journal: Vol. 10
, Article 3.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol10/iss1/3