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Abagnin v. AMVAC Chem. Corp.

ELR Citation: 38 ELR 20250
Nos. No. 07-56326, (9th Cir., 09/24/2008)

The Ninth Circuit upheld the dismissal of Ivory Coast residents' genocide and crimes against humanity claims against manufacturers, distributors, and users of the pesticide dibromochloropropane. The residents alleged that the pesticide causes male sterility and low sperm counts and that the defendants knew this. Customary international law defines genocide as requiring specific intent. Because the residents failed to allege that defendants acted with specific intent, the lower court properly granted defendants' motion for judgment on the pleadings as to the genocide claim. The lower knowledge standard within the Rome Statute of the International Criminal Court does not apply because the United States has not signed or ratified the treaty. And the residents failed to allege facts sufficient to constitute state or organization action as required for crimes against humanity.