Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action

How do activist plaintiffs experience the process of human rights litigation under the Alien Tort Statute (ATS)? Answering this question is key to understanding the impact on transnational legal mobilization of Kiobel v. Royal Dutch Petroleum Co., in which the US Supreme Court sharply limited the scope of the ATS. Yet sociolegal scholars know remarkably little about the experiences of ATS litigants, before or after Kiobel. This article describes how activist litigants in a landmark ATS class action against former Philippine President Ferdinand Marcos faced a series of strategic dilemmas, and how disagreements over how to resolve those dilemmas played into divisions between activists and organizations on the Philippine left. The article develops an analytical framework focused on litigation dilemmas to explain how and why activists who pursue ATS litigation as an opportunity for legal mobilization may also encounter strategic dilemmas that contribute to dissension within a social movement.     

Review

Abstract

The IWGIA has drawn from a variety of sources, and most important of all, from personal accounts to bring out this volume on a very ill-served group among the indigenous peoples in the world—the Nagas living on the border of India and Burma. Writings of British political agents, missionaries, and anthropologists, documents brought out by the parallel national government, and human rights pamphlets and publications give a fairly in-depth understanding of the history of these peoples and their struggle against British colonial domination and postindependence India. Even by the end of the nineteenth century, the British had been able to control only a very small part of Naga areas. Currently, the Nagas live as minorities in several northeastern states of India because of the political and administrative division of this area beyond Bangladesh. The larger group of them live on the Burmese side of the McMahon Line. In the early 1960s the state of Nagaland was carved out in India, but it included only fourteen of the more than thirty Naga tribes living in a contiguous territory.