South African Apartheid Litigation, Re, Ntzebesa and ors v Daimler Chrysler Corporation and ors, District Court judgment denying reconsideration, 617 FSupp 2d 228 (SDNY 2009), ILDC 1472 (US 2009), 8th April 2009, United States; New York; District Court for the Southern District of New York [SDNY]
Whether non-state actors could be held liable under the Alien Tort Statute for torts committed outside the United States in violation of customary international law and whether non-state actors could be held liable for apartheid under customary international law.
Whether arbitrary denationalization by a state actor was a tort in violation of customary international law.
Whether corporations could be held liable for aiding and abetting violations of customary international law, for violations committed by alter-egos or agencies, or under the theory of conspiratorial liability.
Whether the question of liability in United States courts for United States and foreign corporations operating in apartheid-era South Africa would be a non-justiciable political question.
Whether the litigation conflicted with the South African Truth and Reconciliation Commission process in violation of the doctrine of international comity.