The TVPA grants federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law.

It specifies that "an individual" can be held liable in a civil action for acts of torture or extrajudicial killing committed under the authority or color of the law of any foreign nation.

The court noted that the original draft of the TVPA used the word "person," however, during a U.S. House committee review, one of the bill's sponsors proposed an amendment to specify that the Act would apply solely to individuals, not corporations or organizations.

[6] Legal scholars criticized the decision, arguing that it creates significant obstacles for victims of torture seeking redress in U.S. courts.

They contend that the ruling makes it nearly impossible for plaintiffs to recover damages unless they can identify the individual perpetrator and prove that the person acted as an agent of a government.