The Historical and Modern Foundations for Aiding and Abetting Liability Under the Alien Tort Statute

This Note proposes that the standard which should be used in ATS aiding and abetting and conspiracy cases is the Restatement (Second) of Torts, section 876, which is the civil counterpart to criminal aiding and abetting. The structure of this Note explores both the historical and contemporary framework surrounding the ATS and argues that the ATS should be interpreted to include civil aiding and abetting liability.