On September 29, 2023, at the parties’ request, the Eleventh Circuit dismissed an appeal about the scope of the Torture Victim Protection Act. Congress incorporated parts of 1992 international law into U.S. law when it passed the TVPA. But it limited liability to those who act deliberately. WLF’s brief explained that the District Court erred by allowing the jury to find liability under a civilian command-responsibility theory that did not become part of international law until 1998. It also erred by allowing the jury to impose liability for the defendants’ mere negligent oversight of military forces. Because affirming would have caused international relations problems, WLF urged the Eleventh Circuit to overturn the jury’s verdict.


WLF brief