View source for Wiwa v. Royal Dutch Shell Co.

{{Short description|Lawsuits against Shell Nigeria}}
{{Use mdy dates|date=September 2023}}
{{Italic title}}
[[File:28.ShellOutOfNigeria.Protest.WDC.17November1995 (25165470719).jpg|thumb|Protest in [[Washington, D.C.]] against the killing of Saro-Wiwa and others, November 1995]]
The '''Wiwa family lawsuits against Royal Dutch Shell''' were three separate lawsuits brought in 1996 by the family of [[Ken Saro-Wiwa]] against [[Royal Dutch Shell]], its subsidiary [[Shell Nigeria]] and the subsidiary's CEO Brian Anderson. Charges included human rights abuses against the [[Ogoni people]] in the [[Niger Delta]], [[summary execution]], [[torture]], arbitrary arrest, and wrongful death. After 12 years of Shell petitioning the court not to hear the cases,<ref>{{cite news | title =New York trial delayed for Nigerians suing Shell| publisher = Shell International B.V. | url = http://uk.reuters.com/article/rbssEnergyNews/idUKN0641522820090406?sp=true | archive-url = https://archive.today/20120717213701/http://uk.reuters.com/article/rbssEnergyNews/idUKN0641522820090406?sp=true | url-status = dead | archive-date = July 17, 2012 | date=2009-04-06}}</ref> they were heard 26 May 2009.<ref name=":0" />
On June 8, 2009, Shell settled out-of-court with the Saro-Wiwa family for $15.5 million.<ref name=":0" /><ref name=":1" />
== Background ==
The particular incidents raised in these cases were:
*the 1995 judicial [[hanging]]s of the [[Ogoni Nine]], leaders of the [[Movement for the Survival of the Ogoni People]] (MOSOP);
*the torture and detention of [[Owens Wiwa]] and Michael Tema Vizor;
*the shooting of a woman, Karololo Kogbara, who was peacefully [[protest]]ing the bulldozing of her crops in preparation for a Shell pipeline, and another female protester, Uebari N-nahby by [[Nigerian troops]] allegedly called in by Shell.
American photojournalist [[Ed Kashi]]'s images from the book ''Curse of the Black Gold: 50 Years of Oil in the Niger Delta''<ref>{{cite web | url=https://www.theguardian.com/environment/gallery/2010/mar/05/curse-black-gold-nigeria | title=Curse of the Black Gold. Selection of titled photos by Ed Kashi at an exhibition at HOST gallery | work=[[The Guardian]] | date=March 10, 2010 | access-date=October 5, 2012 | author=Tregaskis, Shiona}}</ref> were deposed as evidence of the human rights abuses that the oil industry, particularly Shell, has inflicted on the Ogoni people.{{Citation needed|date=October 2012}}
== Case ==
The lawsuit was filed in 1996 in the [[United States District Court for the Southern District of New York]], and charges were made under the [[Alien Tort Statute]], the [[Torture Victim Protection Act of 1992]] and [[Racketeer Influenced and Corrupt Organizations Act]] (RICO). Plaintiffs were charged with [[complicit]]y in human rights abuses against the [[Ogoni people]] in the [[Niger Delta]], including [[summary execution]], [[crimes against humanity]], [[torture]], inhumane treatment, arbitrary arrest, wrongful death, and [[Assault (tort)|assault]] and [[Battery (tort)|battery]]. The lawsuits were filed by the [[Center for Constitutional Rights]] (CCR) and co-counsel from [[EarthRights International]].
== Resolution ==
On June 8, 2009, Shell settled out-of-court with the Saro-Wiwa family for $15.5 million.<ref name=":0">{{cite news|url=https://www.nytimes.com/2009/06/09/business/global/09shell.html?ref=global|title=Shell to Pay $15.5 Million to Settle Nigerian Case|date=2009-06-08|work=New York Times|access-date=2009-06-09 | first=Jad | last=Mouawad}}</ref><ref name=":1">{{cite news|url=http://edition.cnn.com/2009/WORLD/africa/06/09/saro-wiwa.transcript/|title=Saro-Wiwa's son: Justice is always hard won|date=2009-06-09|work=CNN.com|access-date=2009-06-09}}</ref> [[Ben Amunwa]], director of the Remember Saro-Wiwa organization, said that "No company, that is innocent of any involvement with the Nigeria military and human rights abuses, would settle out of court for 15.5 million dollars. It clearly shows that they have something to hide".<ref>[http://therealnews.com/t/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=3845&updaterx=2009-06-10+01:43:12 Did Shell collaborate in Nigerian executions?] [[Channel 4]] report hosted at [[The Real News]]. June 10, 2009</ref>
Shell stated the payment was a humanitarian gesture and a gesture of sympathy, denying culpability in the death of Ken Saro-Wiwa and the deaths of the Ogoni Nine.<ref>{{cite web|url=http://www.shell.com/home/content/media/news_and_media_releases/archive/2009/shell_settlement_wiwa_case_08062009.html|title=Shell settles Wiwa case with humanitarian gesture|date=8 June 2009|work=Shell.com|access-date=5 October 2012}}</ref>
== See also ==
* ''[[Bowoto v. Chevron Corp.]]''
* ''[[Kiobel v. Royal Dutch Petroleum Co.]]''
==References==
{{Reflist}}
==External links==
* [http://news.bbc.co.uk/2/hi/americas/1244434.stm BBC report on case]
* [http://news.bbc.co.uk/onthisday/hi/dates/stories/november/10/newsid_2539000/2539561.stm BBC report on background to case]
*[http://www.wiwavshell.org Wiwa v. Shell - Official website] (joint project of the Center for Constitutional Rights and EarthRights International)
* [http://ccrjustice.org/ourcases/current-cases/wiwa-v.-royal-dutch-petroleum Center for Constitutional Rights]
* [http://www.earthrights.org/legal/wiwa-v-royal-dutch-shell-case-history EarthRights International]
* [http://shellnews.net/PDFs/ShellacquisitionArmsAmmunition.pdf Correspondence between Shell and the Nigeria Police]
* [http://www.corporateknights.ca/magazine-issues/52-2004-globalization-issue/271-why-im-suing-shell.html Why I'm Suing Shell, article by Ken Wiwa (son of Saro-Wiwa)]
* [http://royaldutchshellplc.com/2008/10/09/royal-dutch-shell-to-go-to-trial-for-complicity-in-torture-and-murder-of-nigerian-protesters/ Royal Dutch Shell to go to Trial for Complicity in Torture and Murder of Nigerian Protesters]
* [http://www.shellnews.net/ShellAfrica/KenSaroWiwaVShell.html Selection of Court documents for pending trial]
*[https://web.archive.org/web/20100630224708/http://www.shellguilty.com/ ShellGuilty coalition] (archived at Wayback Machine 2010-06-30
{{Royal Dutch Shell}}
{{DEFAULTSORT:Wiwa Family Lawsuits Against Royal Dutch Shell}}
[[Category:2009 in United States case law]]
[[Category:Alien Tort Statute case law]]
[[Category:Niger River Delta]]
[[Category:Nigeria–United States relations]]
[[Category:Ogoni people]]
[[Category:Royal Dutch Shell litigation]]
[[Category:Ken Saro-Wiwa]]