Genitorts in the global context: female genital mutilation as a tort under the Alien Tort Claims Act the Torture Victim Protection Act and the Foreign Sovereign Immunities Act.

This article analyzes the possibility of civil law suits being brought to court in the US under the Alien Tort Claims Act (ATCA) the Torture Victim Protection Act (TVPA) and the Foreign Sovereign Immunities Act (FSIA) in cases where female genital mutilation (FGM) is the injury for which redress is sought. The article opens by reviewing the practice and prevalence of FGM and shortcomings in national and global (UN) responses. Next the article reviews possible legal tools against FGM through a discussion of 1) the plausible torts (battery intentional infliction of emotional distress medical malpractice wrongful death loss of consortium and strict liability); 2) the proper plaintiffs (the victim and/or her relatives); 3) the proper defendants (circumcisers physicians parents hospitals community and religious leaders political subdivisions states and state agents other influential states and the UN); and 4) the statutory authority contained in the ATCA TVPA and FSIA. The second part of the article discusses the best strategy for using existing tort principles which is to use torts that fall within the definition of torture and to target defendants visiting or residing in the US. After proposing that a unique argument could be made that FGM is a form of mass-organized extinction of female sexuality and bodily integrity or a crime in the "war of violence against women" or "mass torture" the article concludes that FGM is so shielded by the cloak of respectability and religious requirement that intensive action including litigation in US courts may be needed to bring its barbarity in clear view of its practitioners. While lawsuits that offer no hope of satisfying claims will not survive tort-based actions can be entered against aliens performing FGM.