The court has clear jurisdiction, actually, thanks to the Alien Tort Statute of 1789. I have no idea why this law is still on the books, though.
In fact, as the article itself says, three other circuits have agreed with the Ninth Circuit (the DC Circuit and two others, not sure which). The Second Circuit stands alone in rejecting jurisdiction on statutory grounds.
Not that I am totally convinced there is a constitutional basis for jurisdiction. It's not a federal question (unless the ATS is considered enough to make this a federal question?), and alienage typically requires at least one US citizen. But I don't know enough about the issue to comment.
