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Chapter Summary

More significantly, transnational litigation has a strong foundation in international law, which further undermines claims of imperialist bias. Transnational litigation also finds support in the principle of universal jurisdiction, which authorizes the assertion of state jurisdiction even in the absence of an explicit relationship between the state and the perpetrator or the victim. Human rights abuses are often committed in private by perpetrators who subsequently deny their complicity in the atrocities. Transnational litigation also performs the crucial function of distinguishing individual liability from group responsibility. Anti-impunity efforts can also promote reparations for victims of human rights abuses, including rehabilitation, restitution, compensation, and guarantees of nonrepetition. Finally, the litigation documents reveal how a group of lawyers and activists crafted a legal strategy that would leave a lasting legacy for the human rights movement.

Keywords: human rights abuses; international law; transnational litigation



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