MAC: Mines and Communities

Excerpts from U.S. Court of Appeals For the Ninth Circuit Decision on John Doe et al v. Unocal corpo

Published by MAC on 2002-09-18

Excerpts from U.S. Court of Appeals For the Ninth Circuit Decision on John Doe et al v. Unocal corporation et al, September 18, 2002:

"There.is some evidence that Unocal could influence the [Burmese] army not to commit human rights violations, that the army might otherwise commit such violations, and that Unocal knew this."

".there is some evidence that Unocal knew that the Myanmar Military might used forced labor in connection with the [Yadana pipeline] Project."

"The evidence also supports the conclusion that Unocal have practical assistance to the Myanmar Military in subjecting Plaintiffs to forced labor."

"The evidence also supports theconclusion that Unocal gave 'practical assistance' to the Myanmar Military in subjecting Plaintiffs to these acts of murder and rape."

"Thus, because Unocal knew that acts of violence would probably be commited, it became liable as an aider and abettor when such acts of violence, - specifically, murder and rape ­ were in fact committed."

".all torts alleged in the present case are jus cogen violations, and, thereby, violations of thelaw of nations."

NOTE: Myanmar is the name given to the country of Burma by the nation's military dictatorship.

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