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The Torture Victim Protection Act (Tvpa)

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Chapter Summary

The Torture Victim Protection Act (TVPA) sets forth an explicit federal cause of action for torture and extrajudicial killings committed under color of foreign law, anywhere in the world, on behalf of any individual, including U.S. citizens. The TVPA constitutes a modern expression of congressional support for the exercise of extraterritorial jurisdiction over certain egregious human rights violations. The TVPA authorizes an individual who has been subjected to torture to sue for damages and authorizes a suit for extrajudicial execution by either the legal representative of the person killed or by "any person who may be a claimant in an action for wrongful death". The legislative history of the TVPA suggests that courts look to the law of the forum state to determine who is the "legal representative" of the estate of the deceased.

Keywords: extraterritorial jurisdiction; human rights violations; Torture Victim Protection Act (TVPA)



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