September 23, 2026
By: Conner Scholze
Journal of Global Rights and Organizations, Associate Articles Editor
WASHINGTON, D.C., United States – Filing suit in 2011, practitioners of Falun Gong, a religious movement that started in China in the 1990s, alleged that an American technology company built the surveillance tools China used to find and detain them.

Surveillance cameras in operation in Shanghai, China in January of 2022. Photo Courtesy of Qilai Shen/Bloomberg News.
Under the Alien Tort Statute (“ATS”) and the Torture Victim Protection Act, plaintiffs, who are practitioners of the Falun Gong religious movement, contended that the Chinese Government persecuted them due to their religious beliefs. Specifically, these victims alleged that Cisco Systems, Inc., aided and abetted international law violations including torture, cruel, inhumane, or degrading treatment, forced labor, detention, crimes against humanity, extrajudicial killing, and forced disappearance. Through developing surveillance technology that allowed China to identify and apprehend Falun Gong practitioners, the plaintiffs believed that Cisco aided and abetted in violating international law. One plaintiff sought to go so far as to bring a claim against two Cisco executives individually for aiding and abetting torture. Defendant, Cisco, is an American multinational technology corporation that designs and manufactures internet networking devices and services for the communications and information technology industries.
Among the statutes involved, the Alien Tort Statute is a procedural tool that grants federal district courts jurisdiction over civil suits brought by foreign nationals “for a tort only committed in violation of the law of nations or a treaty of the United States.” The Torture Victim Protection Act creates civil liability for anyone acting under color of law of any foreign nation who subjects an individual to torture or extrajudicial killing.
In June of 2026, the Supreme Court of the United States resolved whether a judicially implied private right of action for aiding and abetting exists under the ATS and under the Torture Victim Protection Act.
As Cisco would ultimately convince the Court, the Alien Tort Statute is a jurisdictional statute that does not create new private actions for violations of international norms because Congress is tasked with creating private rights. Cases involving the ATS inherently implicate the political branches.
In reaching its decision, the Court drew on Sosa v. Alvarez-Machain, which established that the ATS is a jurisdictional statute that creates no new causes of action. However, Sosa left open a narrow possibility that courts could recognize new causes of action under a two-part test guided by the international norm and judicial discretion. Sosa determined whether a Mexican national who was abducted and arbitrarily detained in Mexico could sue those involved in U.S. courts. On the issue of interpreting the Torture Victim Protection Act, the majority found that the statute’s silence on aiding and abetting created no liability for the two Cisco executives.
In dissent, Justice Sotomayor’s argued that under the Torture Victim Protection, subjecting an individual to torture ordinarily means the person “consciously and culpably participates in the torture so as to help make it succeed.”
As American companies continue to operate and sell abroad, the decision forecloses aiding and abetting liability under both statutes for U.S. corporations and their executives, redirecting foreign nationals seeking redress to Congress, the Executive, or other international actors.
For further information, please see:
Supreme Court of the United States – Cisco Systems, Inc. v. Doe, No. 24-856 – 23 June 2026
Supreme Court of the United States – Sosa v. Alvarez-Machain, 542 U.S. 692 – 29 June 2004
The Alien Tort Statute, Cornell Law School Legal Information Institute – Feb. 2024
H.R. 2092 – Torture Victim Protection Act of 1991, Library of Congress – 25 Nov. 1991










































