Alien Tort Claims Act - Classifying Peacetime Rape as an International Human Rights Violation

This article advocates that peacetime rape committed by a private actor should be viewed as a violation of international human rights. Furthermore, the victims should be able to bring actions in the U.S. federal courts under the Alien Tort Claims Act (ATCA). Part II examines the history of rape in armed conflict and wartime, focusing on the recognition of rape as a war crime. Part III discusses current international human rights violations and argues that rape should be included in this list. Part IV provides an account of the rapes that occurred during the Indonesian riots of 1997. Part V of the paper discusses the justiciability of the Indonesian riots in the U.S. courts under the ATCA. Finally, Part VI concludes that the United States should recognize peacetime rape by private actors and allow the victim recourse under the ATCA.