Who can face torture lawsuits
Mohamad v. Palestinian Authority
In brief
The Supreme Court ruled that the Act allows claims only against people, not organizations, and left the lower court’s ruling in place.
- Where it stands
- Decided
Decided 9-0 · April 18, 2012 · Opinion by Justice Breyer
- What it’s about
- Azzam Rahim’s family sought to hold the Palestinian Authority and Palestine Liberation Organization liable under the Torture Victim Protection Act for his torture and death.
- Who it affects
- The Act cannot impose liability on the Palestinian Authority or the Palestine Liberation Organization because the Court ruled that it applies only to people.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed with the lower court that the Act allows claims only against natural persons, not organizations.
The case turned on whether the Act’s word “individual” includes organizations.
Question presented
Does the Torture Victim Protection Act, 28 U.S.C. § 1350, permit actions against defendants who are not natural persons?
What the Court decided
Holding
As used in the TVPA, the term “individual” encompasses only natural persons. Consequently, the Act does not impose liability against organizations. 634 F. 3d 604, affirmed.
- Result
- Affirmed
The Court's reasoning
The Court read “individual” in the law to mean a human being, not an organization. It relied on the word’s ordinary meaning and the law’s drafting history.
The vote
What's next
The Supreme Court’s review is complete, and the lower court’s ruling remains in place.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Mohamad
Opinion added: Mohamad
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.