Under provisions of the Alien Tort Statute, the federal courts are permitted to hear civil cases involving international law.

Following the dictates of that statute, a group of Somali citizens brought a lawsuit against a former government official of the Somali government alleging that defense forces under his command illegally detained, tortured, and murdered their family members. The trial court dismissed the case under the Federal Sovereign Immunity Act which prevents foreign governments from being sued in U.S. Courts unless the foreign government agrees to the action.

The U.S. Court of Appeals for the Fourth Circuit and the U.S. Supreme Court both overturned the decision of the trial court. The two higher courts ruled that the immunity act protected foreign governments but not foreign individuals.

Using the ethic of responsibility and the ethic of ultimate ends, defend the ruling that was made by the two higher courts in this case. Explain your defense.

(See John B. Bellinger III, "Ruling Burdens State Department," The National Law Journal, June 28, 2010, p. 47.)