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The Lawfare Podcast

Lawfare Archive: Bananas and Corporate Accountability for Human Rights

The Lawfare Podcast

The Lawfare Institute

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4.76.4K Ratings

🗓️ 2 May 2026

⏱️ 48 minutes

🧾️ Download transcript

Summary

From June 26, 2024: On June 10, the jury reached a verdict in the federal trial against Chiquita Banana. It found that the company had financed a paramilitary group in Colombia in the late 1990s and early 2000s, resulting in the deaths of eight men, and it awarded the victims' families $38 million in damages. It's the culmination of a 17-year-long multi-district litigation that had faced significant procedural, evidentiary, and legal challenges. And it may represent a new frontier in the fight to hold corporations legally accountable for human rights violations.

Executive Editor Natalie Orpett discussed the case and its implications with Michael Posner, Director of the Center for Business and Human Rights at New York University’s Stern School of Business and a former Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor.

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Transcript

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0:00.0

I'm Marissa Wong, Internet Lawfare, with an episode from the Lawfare

0:14.0

for May 2, 2006.

0:19.0

On April 28th, the Supreme Court heard oral argument in Cisco Systems v. Doe, a case focusing on whether two federal statutes allow victims of human rights abuses to file lawsuits against parties for aiding and abetting those violations of human rights and international law.

0:37.3

For today's archive, I chose an episode from June 26, 2022,

0:42.9

in which Natalie Orpitt set down with Michael Posner to discuss the federal trial against Chiquita Banana

0:47.9

for its involvement in financing a paramilitary group in Colombia.

0:52.3

They also discussed the verdict's implications on the fight to

0:55.0

hold corporations legally accountable for human rights violations.

1:10.2

It's the Lawfare podcast. I'm Natalie Orpet, executive editor of lawfare, with Mike Posner,

1:16.6

director of the Center for Business and Human Rights at New York University's Stern School of

1:21.7

Business and a former Assistant Secretary of State for the Bureau of Democracy, Human Rights, and

1:27.1

labor. Over a period of several decades, we've... Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor.

1:35.0

Over a period of several decades, we've seen, again, a demand for justice, a demand for accountability, and a recognition in the world that there is now a global economy where a lot

1:43.2

of big companies are operating in tough places and making the wrong choices, frankly.

1:49.9

Today we're talking about a recent case out of Florida where a jury delivered a verdict against Chiquita Banana,

1:56.2

awarding $38 million to the families of people killed by a paramilitary group in Colombia and what it

2:02.4

means for the future of corporate accountability for human rights. So last week, a jury found

2:09.3

Chiquita Banana liable for human rights abuses in Colombia that had occurred in the 1990s and

2:16.2

early 2000s. The jury awarded the plaintiffs $38 million in damages.

2:22.6

And it's a really remarkable case for a number of reasons, but in particular, and what I wanted to

2:28.4

speak with you about, is the finding of corporate liability for human rights violations and the fact that that is so rare

2:35.5

under U.S. law. So I want to come back a little bit later to why that is more specifically.

...

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