Privatisation du contentieux des droits de l'homme et vocation universelle du juge américain : Réflexions à partir des actions en justice des victimes de l'Holocauste devant les tribunaux des Etats-Unis

The turn ofthe millennium saw massive class actions brought by Holocaust Era victims from Europe before the federal courts of the United States, against private defendants (banks or business) who had acted under nazi protection or, at least, who had benefited from actions taken by the nazis. The litigation, which attracted great attention from the medias, all ended in negotiated outcomes, either through settlement or diplomatie agreement. Already remarkable for the very size and significance ofthe litigation, these events invite reflection both on contemporary transformation of the fudicial function and on recent trends regarding international jurisdiction. Here, as elsewhere, one sees a clear evolution towards the politicisation of international litigation. At the same time, the universal jurisdiction of the American courts seems to be implicit in the human rights rhetoric they champion. Courts with private law jurisdiction are thus involved in re-writing history; in this instance, the federal courts ofthe United States are rewriting the history of the world.The turn of the millennium saw massive class actions brought by Holocaust Era victims from Europe before the federal courts of the United States, against private defendants (banks or business) who had acted under nazi protection or, at least, who had benefited from actions taken by the nazis. The litigation, which attracted great attention from the medias, all ended in negotiated outcomes, either through settlement or diplomatie agreement. Already remarkable for the very size and significance of the litigation, these events invite reflection both on contemporary transformation of the fudicial function and on recent trends regarding international jurisdiction. Here, as elsewhere, one sees a clear evolution towards the politicisation of international litigation. At the same time, the universal jurisdiction of the American courts seems to be implicit in the human rights rhetoric they champion. Courts with private law jurisdiction are thus involved in re-writing history; in this instance, the federal courts of the United States are rewriting the history of the world.Muir-Watt Horatia. Privatisation du contentieux des droits de l'homme et vocation universelle du juge américain : Réflexions à partir des actions en justice des victimes de l'Holocauste devant les tribunaux des Etats-Unis. In: Revue internationale de droit comparé. Vol. 55 N°4, Octobre-décembre 2003. pp. 883-901