Journal Article

Guantánamo Torture Litigation

Jaykumar A. Menon

in Journal of International Criminal Justice

Volume 6, issue 2, pages 323-345
Published in print May 2008 | ISSN: 1478-1387
Published online May 2008 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqn010
Guantánamo Torture Litigation

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Question: What happens when former Guantánamo detainees sue the US Secretary of Defense, raising claims of torture? Answer: A thicket of immunity defences bars their claims. But in the process, a US appeals court finds that torture of the detainees is ‘foreseeable,’ that it is ‘incidental’ to conduct authorized, and that detainees under the sole control of the US government have no constitutional rights. This language may ultimately prove more provocative than the dismissal itself.

Journal Article.  10506 words. 

Subjects: Criminal Law ; International Law

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