Doe

concurring.

I agree with the majority opinion, except for Part 11(A), in which the majority discusses the Alien Tort Claims Act. As to that Act, I agree with the majority that material factual disputes exist regarding plaintiffs’ claims for forced labor used in connection with the Yadana Pipeline Project. I also agree with the majority that if plaintiffs prove their allegations, Unocal may be held liable under the Act for the use of forced labor as a part of the project. Where I differ from my colleagues is principally with respect to the standard of third-party liability under which Unocal may be held legally responsible for the human rights violations alleged. I do not agree that the question whether Unocal may be held liable in tort for the Myanmar military’s alleged human rights violations should be resolved, as the majority holds, by applying a recently-promulgated international criminal law aiding-and-abetting standard that permits imposition of liability for the lending of moral support. In fact, I do not agree that the question of Unocal’s tort liability should be decided by applying any international law test at all. Rather, in my view, the ancillary legal question of…

Opinion by Judge PREGERSON; Concurrence by Judge REINHARDT

This case involves human rights violations that allegedly occurred in Myanmar, formerly known as Burma. Villagers from the Tenasserim region in Myanmar allege that the Defendants directly or indirectly subjected the villagers to forced labor, murder, rape, and torture when the Defendants constructed a gas pipeline through the Tenasserim region. The villagers base their claims on the Alien Tort Claims Act, 28 U.S.C. § 1350 , and the Racketeer Influ *937 enced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., as well as state law.

The District Court, through dismissal and summary judgment, resolved all of Plaintiffs’ federal claims in favor of the Defendants: For the following reasons, we reverse in part and affirm in part the District Court’s rulings.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Unocal’s Investment in a Natural Gas Project in Myanmar.

Burma has been ruled by a military government since 1958. In 1988, a new military government, Defendant-Appellee State Law and Order Restoration Council (“the Myanmar Military”), took control and renamed the country Myanmar. The Myanmar Military established a state…