A family representing a human rights activist working in the Palestinian territories is seeking to pursue a case against Caterpillar for aiding and abetting human rights violations. In 2003, Rachel Corrie, a 23-year-old peace activist, was crushed by an Israeli bulldozer manufactured by Caterpillar as she tried to prevent the demolition of homes in the Gaza Strip. Palestinians effected by the demolitions have also joined the civil case.
The case was dismissed in 2005 on the grounds that Caterpillar was not responsible for the use of its product. Defense attorneys argue that common law dating back centuries dictates the manufacturer can indeed be held liable. The defense team for Caterpillar has countered that following that logic would imply that the US was also be responsible for the actions, as Caterpillar is a US company. Furthermore, that logic would relegate the case to foreign affairs, requiring US courts to improperly intervene in matters of the executive branch.
In the past, the Nazi trials found chemical manufactures guilty of war crimes for providing the chemicals used to exterminate Jewish citizens in death camps. Recently, the French businessman, Frans van Anraat, was convicted at The Hague for selling dual use chemicals to the Iraqi government for use at chemical weapons. A recent case regarding Agent Orange, however, has not yet reached a verdict against the manufacturers of the defoliant. Lawyers in the Agent Orange case argue the harmful effects of dioxin – the active ingredient in Agent Orange – were not know during the Vietnam War.
