WASHINGTON, D.C. — The Supreme Court ruled 6-3 on June 23, 2026, in CISCO Systems, Inc. v. Doe, that corporations and government officials cannot be sued under the Alien Tort Statute for aiding and abetting certain human rights violations abroad. The ruling established that such entities are not subject to civil suits under the statute for aiding and abetting violations including torture, extrajudicial murder, slavery, genocide, crimes against humanity, or prolonged arbitrary detention.

Justice Amy Coney Barrett wrote the majority opinion. The opinion stated that recognizing aiding and abetting liability under the Alien Tort Statute could lead to adverse foreign policy consequences, and that the power to create causes of action rests with Congress.

Justice Sonia Sotomayor dissented from the majority's decision. She argued that aiding and abetting liability for human rights violations should be evaluated on a case-by-case basis regarding foreign policy implications. She further stated that holding U.S. corporations accountable for aiding and abetting Chinese human rights violations aligns with the U.S. government's condemnations of those violations.

The case stemmed from allegations that Cisco Systems provided mass surveillance technology to Chinese authorities. This technology was reportedly used to identify Falun Gong practitioners, a spiritual group that the Chinese government has designated as an 'evil cult.'

The Alien Tort Statute, enacted by the First Congress in 1789, grants district courts original jurisdiction over civil actions brought by a foreign national for a tort committed in violation of the law of nations or a treaty of the United States. In 2004, the Supreme Court decided Sosa v. Alvarez-Machain, with Justice David Souter writing the opinion for the Court. Later, the Supreme Court decided Kiobel v. Royal Dutch Petroleum Co., where it held that the Alien Tort Statute does not overcome the presumption that federal statutes do not apply to violations occurring outside U.S. borders. The Court also ruled in Jesner v. Arab Bank, PLC, that victims of human rights violations cannot sue foreign corporations under the Alien Tort Statute.

Why It Matters

This Supreme Court decision in CISCO Systems, Inc. v. Doe defines the scope of the Alien Tort Statute, limiting its application concerning corporations and government officials involved in alleged human rights abuses outside the United States. The ruling builds upon previous Supreme Court interpretations of the statute, which have progressively restricted its reach regarding extraterritorial application and the types of entities that can be sued. The Court's emphasis on potential foreign policy consequences and congressional authority to create causes of action establishes a framework for future human rights litigation under this statute.