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Kiobel v. Royal Dutch Shell

Email received from Esther Kiobel of Kiobel v Royal Dutch Shell

Screen Shot 2013-04-24 at 20.46.09There are also secret documents to prove how Shell tried to bribe my husband in an executive meeting at the government house in Port Harcourt, when they planned to arrest and kill Ken Saro-Wiwa. And when they did not succeed, they turned around to mastermind the killing of the Ogoni 4, in a bid to set confusion amongst the Ogoni people – a problem that has remained to date.

Unsolicited email received from Esther Kiobel of Kiobel v Royal Dutch Shell

Dear John,

Thank you for all that you are doing and contributing to the cause of the oppressed.

God bless you mightily and please keep up the good work.

The God of the widows and orphans will guide and lead/strengthening you to continue standing/fighting for the Oppressed.

Your readers may be interested in these extracts from an article about my court case against Royal Dutch Shell arising from Shell’s activities in Nigeria.

We are holding Shell responsible for the crimes committed against us and the rest of humanity. I was stripped naked, tortured, and locked up twice, while my husband and the rest of the Ogoni 9 were maimed, strangled, killed and acidized. I have proofs of those who were paid by Shell, and who were in their payroll to lie, testify, some of them sworn affidavit in court.  do have documents that implicate Shell. The documents were sent through my late husband’s office as Honorable Commissioner for Commerce and Tourism during the Komo administration as military governor of Rivers State. I do have pictures of Shell’s cronies airlifting my husband in their helicopter, dressed in uniform and helmet that bore Shell’s logo. There are also secret documents to prove how Shell tried to bribe my husband in an executive meeting at the government house in Port Harcourt, when they planned to arrest and kill Ken Saro-Wiwa. And when they did not succeed, they turned around to mastermind the killing of the Ogoni 4, in a bid to set confusion amongst the Ogoni people – a problem that has remained to date. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

The Supreme Court Unanimously Rejects Universal Jurisdiction

Although they wrote separately, the four liberal Justices also voted to dismiss the lawsuit against Shell, despite allegations of Shell’s complicity in blood-curdling atrocities.

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By Julian Ku & John Yoo: 4/21/2013

Screen Shot 2013-04-21 at 19.15.01The Supreme Court’s unanimous decision last week to dismiss a lawsuit alleging human rights violations by Royal Dutch Shell in Nigeria is already being portrayed as a victory for big corporations over human rights victims. While the decision will allow some multinational corporations to avoid being sued in the United States for business activities overseas, the real significance of the Court’s decision is that it provides a wise example of judicial restraint and deference to the role of Congress and the President to set American foreign policy. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

A Giant Setback for Human Rights

Graphic from The Guardian Article: Unloveable Shell: the Goddess of Oil

Screen Shot 2013-01-24 at 21.49.23

By

A version of this editorial appeared in print on April 18, 2013, on page A26 of the New York edition

The Supreme Court’s conservatives dealt a major blow Wednesday to the ability of American federal courts to hold violators of international human rights accountable. The court declared that a 1789 law called the Alien Tort Statute does not allow foreigners to sue in American courts to seek redress “for violations of the law of nations occurring outside the United States.”

In the case at issue, Kiobel v. Royal Dutch Petroleum, Nigerian citizens alleged that, from 1992 to 1995, multinational oil companies working in Nigeria aided the military dictatorship that tortured and killed protesters who fought the environmental damage caused by the oil operations. These companies did business in the United States. But Chief Justice John Roberts Jr., writing for the majority, said that even where claims of atrocities “touch and concern the territory of the United States, they must do so with sufficient force” to overcome a presumption that the statute does not apply to actions outside this country. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Terrible step backward for human rights if Supreme Court sides with Shell

Shell Oil is set to argue to in Kiobel v. Royal Dutch Petroleum (Shell) that this law cannot be used to hold it accountable for human rights abuses. Shell is facing allegations of aiding and abetting rape, torture and extrajudicial killings by working with the Nigerian military in the 1990s to oppress activists opposed to its oil operations. Corporate complicity in human rights abuses is nothing new…

Desmond Tutu: Will U.S. rule for rights of S. Africans?

Supreme Court hears case that challenges 223-year-old law that holds multinational corporations accountable for abuse.

If the Supreme Court sides with Shell, it would represent a terrible step backward for human rights.

By Desmond Tutu

3:36PM EST September 30. 2012 – In South Africa, we have struggled for years against the evil system of apartheid that divided human beings because of the color of their skin. Apartheid was a culture of legalized oppression that denied all of my people our fundamental human rights. We knew this was wrong. By the grace of God, the world supported our struggle for freedom, dignity and justice.

After apartheid, South Africans built a new country where the law was a tool for protecting human rights, not a means of oppression. But on Monday, the opening day of the new term, the U.S. Supreme Court will consider a case that could severely weaken a key legal mechanism used to secure justice for survivors of abuses such as those that fueled apartheid. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Kiobel v. Shell: Will ‘Enemies of All Mankind’ Be Held Accountable?

“The plaintiffs in Kiobel are members of Nigeria’s Ogoni people, who claim that Shell violated the law of nations (now referred to as international law) when it helped dispatch killing and torture squads to put down their protests against polluting oil fields.”

By Ryan Mitchell

Could five unelected individuals be all it takes to undo a major, 2-century-old U.S. commitment to advance the rule of law? If they wear the right robes, the answer is yes.

The Supreme Court opened its new term on Monday morning with a second round of oral arguments in Kiobel v. Royal Dutch Petroleum (Shell). The court’s nine justices will decide by majority whether to reduce the scope of the Alien Tort Statute (ATS), a 1789 law passed by the First Congress, which makes punishable violations of the “law of nations,” and grants non-U.S. citizens the right to bring related civil lawsuits.  read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Royal Dutch Shell Crimes Against Humanity

“Under the terms of the Rome Statute it is clear why so many large corporations and foreign governments are working so hard to limit the reach of the US Alien Tort Statute. Too many corporations and corporate managers could face criminal charges if Shell does not prevail in their arguments before the US Supreme Court to limit the reach of this Statute.”

INFORMATION AND COMMENT SUPPLIED BY A FORMER SHELL EMPLOYEE

The enclosed Wiki link will give your readers a broader view of the concept we now refer to as ‘crimes against humanity’. This term is now well defined within the body of international law. Furthermore, it was not only employed during the IMT trials at Nuremberg after the defeat of Nazi Germany, it was employed in the Tokyo war crimes trials as well. This legal concept has been use to bring Yugoslavia war criminals to trial, as well as those who perpetrated the atrocities in Rwanda.

Crimes against humanity – Wikipedia, the free encyclopedia read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Shell, Corporate Social Responsibility and Respect for the Law

10/03/2012

This post is by Amol Mehra and Katie Shay

On Monday, the U.S. Supreme Court considered a case that strikes at the core of corporate social responsibility, Kiobel v. Royal Dutch Petroleum (Shell). The Kiobel plaintiffs allege that Shell was complicit in egregious human rights violations including rape, torture, and the extrajudicial killings of peaceful protesters who objected to Shell’s presence in Ogoniland, Nigeria. Shell, a Dutch corporation, argued that the law used to bring the company before a U.S. court, the Alien Tort Statute (ATS), should not apply. The multinational corporation argued that there is too tenuous a connection between what allegedly happened in Nigeria and the United States. Shell is essentially fighting to limit a law that remedies human rights abuses wherever they occur. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Big Oil Pleads Immunity From Prosecution for Human Rights Crimes

Posted: 10/03/2012 11:45 am

This fall the U.S. Supreme Court will decide a case that throws a spotlight on the oil industry’s toxic influence on our democracy — and why we need to move America beyond oil as quickly as possible.

In the 1990s, Shell Oil allegedly enlisted the Nigerian military dictatorship to suppress opposition to Shell’s oil operations. A 2002 lawsuit, Kiobel v. Shell, alleges that Shell “aided and abetted” the Nigerian military dictatorship in committing severe human rights abuses against members of the Ogoni people who were involved in a nonviolent movement to stop it from drilling for oil in their rich Niger River Delta homeland. But, in a challenge to a 200-year-old law, Shell is arguing that as a corporation it cannot be held responsible for human rights violations abroad. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Kiobel v Shell hoax could constitute a criminal offence

By John Donovan

We broke the news yesterday morning of an elaborate hoax in which fake emails purportedly from Shell, were apparently sent to 71,000 Shell employees in relation to the Kiobel v Shell case currently before the US Supreme Court.

Extracts from related news reports about the hoax:

BloombergBusinessWeek article: Activists send fake email to Shell workers

HOUSTON (AP) — Two activist groups said Tuesday they sent an email to more than 71,000 Shell Oil employees that pretended to be from a fake company division and provided information about a U.S. Supreme Court case involving the company. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Activists send fake email to Shell workers

Posted on October 02, 2012

HOUSTON (AP) — Two activist groups said Tuesday they sent an email to more than 71,000 Shell Oil employees that pretended to be from a fake company division and provided information about a U.S. Supreme Court case involving the company.

The groups, People Against Legalizing Murder and the Yes Lab, said that on Monday they sent the email that purported to be from Shell’s “Grassroots Employee Empowerment Division,” which doesn’t exist.

Business interests argue they are being subjected to claims over the bad behavior of foreign regimes, which are shielded from lawsuits here under U.S. law. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Rights groups sees swing for Kiobel

WASHINGTON, Oct. 2 (UPI) — A rights group supporting Nigerian nationals before the U.S. Supreme Court said the case seemed to be moving against Royal Dutch Shell.

The U.S. Supreme Court heard arguments Monday in Kiobel vs. Royal Dutch Petroleum. Esther Kiobel filed the case in U.S. courts under the Alien Tort Statute, a 1789 law, saying her husband Barinem Kiobel was executed by the Nigerian military with the alleged backing of Shell.

Advocacy group EarthRights International said Monday’s arguments were viewed as favorable for Kiobel. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Shell’s alleged crimes against humanity

COMMENT FROM A FORMER SHELL EMPLOYEE ON THE KIOBEL v SHELL CASE

I would like to remind your readers that the United States held its own version of the Nuremberg trials in the American Zone of what was once West Germany. The trials held at Nuremberg ended in 1946 but the US decided to continue prosecuting those whom were deemed by the US government to be (suspected) ‘war criminals’. The trials in the US Zone ended in 1949. (see the attached link w/ PDF file). None of the other major powers conducted their own versions of the Nuremberg trials.

These articles have a very interesting discussion of the history of the Nuremberg trials and the establishment of recognized international legal standards for ‘crimes against humanity’, etc. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Supreme Court tackles Shell suit on first day in session

By Mark Sherman

The Associated Press

WASHINGTON — The Supreme Court plunged into its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.

The next nine months hold the prospect for major rulings on affirmative action, gay marriage and voting rights.

The term that concluded in June set a high bar for drama and significance, and the new one holds considerable potential as well. Cases involving some of the most emotional issues in American life are likely to be decided after voters choose a president and new Congress next month. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Elaborate hoax targeting the Kiobel v Shell case currently before the US Supreme Court

By John Donovan

Shell’s Arctic activities were the subject of an elaborate widely reported hoax.

Another similarly elaborate hoax is now targeting the Kiobel v Royal Dutch Shell case currently being heard at the U.S. Supreme Court.

Like the earlier hoax, it involves a fake Shell website and other deceptions with full use being made of social media such as Facebook.

The emails we received yesterday, purportedly from Shell, are printed below with working links.

FIRST EMAIL RECEIVED, PURPORTEDLY FROM SHELL: 1 OCTOBER 2012

CONFIDENTIAL – DO NOT DISTRIBUTE read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Justice Kennedy Is Back for More Torture

By Noah Feldman Sep 30, 2012 11:34 PM GMT+0100

Hard as it may be to believe, the new U.S. Supreme Court term is already upon us. In the balance first is the future of human rights litigation in U.S. courts — and whether torture committed by foreigners abroad is any of our business.

Although the last term ended with the unexpected emergence of Chief Justice John Roberts as the court’s wild card, this one begins with fevered speculation about what is on the mind of Associate Justice Anthony Kennedy.

The case being heard Oct. 1, Kiobel v. Royal Dutch Petroleum, has been full of surprises from the start. It concerns whether Royal Dutch Shell Plc (RDSA) aided the Nigerian government in rapes and murders of people living in the oil-rich Ogoni region. It came to the Supreme Court with the narrow question of whether corporations could be held liable under a 1789 statute that says the federal courts have jurisdiction over suits brought by a foreigner for torts “in violation of the law of nations.” read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

US Supreme court decides on Shell torture case

Published on Sunday September 30, 2012

“The Kiobel case was part of a broader set of legal complaints by Nigeria’s Ogoni people, who argued that Royal Dutch Shell was complicit in murder, torture and other abuses committed by the former military government.”

The US Supreme Court is back in session tomorrow to tackle major social issues such as same-sex marriage and affirmative action, as well as a high-profile international human rights case involving the Dutch oil giant Shell in Nigeria..

Twelve Nigerians accuse Shell of becoming an accomplice to torture, extrajudicial executions and crimes against humanity in the Niger Delta region.

The nine justices will decide whether to hold major companies liable for crimes committed outside US borders by virtue of the Alien Tort Statute, a law passed two centuries ago. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Kiobel vs. Royal Dutch Petroleum Company, Monday, Oct. 1

Published: September 25, 2012 8:13 PM
By EMILY BAZELON, Slate  

Next Monday, the Supreme Court will begin what promises to be an action-packed fall. I’m looking forward to three cases in the first half of October.

Here they are, in the order they’ll be argued:

Kiobel vs. Royal Dutch Petroleum Company, Monday, Oct. 1: The term opens with a case held over from last year — in a way that doesn’t bode well for Esther Kiobel. She sued Royal Dutch Shell in 2002 on behalf of her late husband and 11 other Nigerians, saying that the company colluded with the Nigerian military in the 1990s to silence protesters — going so far as torturing and killing them — who were trying to halt oil exploration. Last term, when the court first heard the case, the question was whether corporations could be sued for human rights abuses. Cue lots of bitterness on the left about how the court could treat companies as people for the purposes of campaign donations, but not when it comes to accusations of murder. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Arrrr! Shell Tries to Plunder Human Rights

Posted: 09/19/2012 11:50 am

In case you hadn’t heard, today is International Talk Like A Pirate Day. Don’t worry if you’re feeling out of the loop; I didn’t know this day existed until recently. From what I have learned, the day is all in good fun, celebrating pirate culture and Johnny Depp movies, which is why we don’t associate things like slavery and genocide with this kind of lighthearted stuff.  But oil giant Royal Dutch Shell puts a different spin on it. They’re actually talking like a pirate, and to the U.S. Supreme Court no less. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.

Supreme Court May Consider Whether Companies Can Be Sued Over Human Rights

By LAWRENCE HURLEY of Greenwire

Published: August 11, 2011

Recent court rulings on the question of whether oil companies and other multinationals can be sued in U.S. courts for alleged human rights violations overseas has made the issue ripe for Supreme Court intervention, possibly as early as this fall.

Oil companies Royal Dutch Shell PLC and Exxon Mobil Corp. have been battling allegations that they played a role in human rights abuses in Nigeria and Indonesia, respectively.

Shell won a major victory last year when the New York-based 2nd U.S. Circuit Court of Appeals ruled in Kiobel v. Royal Dutch Shell that there was no corporate liability under the statute. read more

This website and sisters royaldutchshellplc.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, and shellnews.net, are owned by John Donovan. There is also a Wikipedia segment.