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of genocide, torture, crimes against humanity, slave trading, and piracy. Therefore, ATCAwill adjudicate violations of jus cogens norms, or more broadly, violations of customaryinternational law.ATCA, which only saw use 21 times prior to 1980, was revived by the CCR in New Yorkin Filartiga v. Pena-Irala. 227 The Filartiga case is significant for not only dusting off ATCAand giving it renewed significance but also for establishing that the United State’s federalcourts have jurisdiction to hear civil actions in tort for violation of the law of nationsoccurring outside of the US by non-US citizens. The case also recognised that throughvarious international sources, such as the UDHR, the UN Charter and several of otherUN resolutions, torture offends customary international law. 228 Finally, Filartiga declaredthat customary international law and jus cogens norms are constantly evolving in sync withthe ever-changing social context. In this regard, the judges noted, “[C]ourts must interpretinternational law not as it was in 1789, but as it has evolved and exists among the nationsof the world today”. 229Filartiga involved the kidnapping, torture and wrongful death of Joelito Filartiga, theseventeen-year-old son of Dr. Joel Filartiga in Paraguay, by Americo Norberto Pena-Irala(Pena), who was at the time of the incident Inspector General of Police in Asuncion,Paraguay. Dr. Filartiga was an active opponent of the government of President AlfredoStroessner, which had held power in Paraguay since 1954. The Filartigas claimed that Joelitowas tortured and killed in retaliation for his father’s political activities and beliefs. 230The sister of the deceased, Dolly Filartiga, brought an action before the US district courtfor the torture and death of her brother against Pena while both were resident in the USand both were Paraguayan citizens at the time. On appeal the US Court of Appeals forthe Second Circuit found that the defendant Pena, while acting under the authority of astate agent as Inspector General of Police, had violated customary international law againststate-sponsored torture and was liable under the ATCA. 231Since Filartiga, the application of ACTA to various international human rights casesbrought before the US federal courts by foreign nationals is a tremendous breakthroughin international human rights law, as the US has provided a forum through which suchviolations can be heard before a federal court. Moreover, since Filartiga, courts throughATCA, have recognised and articulated a broad range of categories of violations ofinternational law. Courts have recognised torture, forced abduction, summary execution,and genocide, as violations of customary international law when acted upon by a stateactor.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|53