Cruel, inhuman, and degrading treatment (CIDT)

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12 Articles
A sign with a dark blue background and white letters that reads "International Criminal Court" is seen with the building in the background.

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent

The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.
Prison barbed ware, with a cloudy blue sky in the background

Biden Must Act on Landmark UN Special Rapporteur Guantanamo Report

The Biden administration's willingness to open itself up to difficult external scrutiny should be commended, but the UN Special Rapporteur's findings should also be a wakeup call…

Repatriating Alleged ISIS-Linked Men from Northeast Syria: The Start of Judicial Responses to the Political Stalemate

Recent rulings may force countries to reckon with their denial of due process to the accused and justice to the victims.
A youth looks out through a metal fence as she stands in the rain in front of a campground.

European Court Tackles the Thorny Issue of Family Repatriation From Northeast Syria

Despite its shortcomings, the ECHR decision on repatriation of alleged IS family members from Syria marks an important turning point.
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

How to Fix the U.S. Litigation Position in Key Pending Cases

The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
Asylum seekers in life rafts on the Aegean Sea

Torture by Rescue: Asylum-Seeker Pushbacks in the Aegean

Since at least March, Greece has been systematically returning asylum seekers who have arrived on its shores – who have the right to adjudication of their asylum claims – to…
Central American migrant families arrive at a Catholic Charities respite center after being released from federal detention on June 12, 2019, in McAllen, Texas.

Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

Vice Chair of the United Nations Committee Against Torture, Felice Gaer, writing in her personal capacity.

Detainees in Iraq Win Damages from Denmark in High Court Ruling

A Danish High Court (‘Østre Landsret’) decided this month that the Danish government should compensate a group of Iraqi nationals who sued the Ministry of Defense over ill…
Just Security

Forced Nudity: What International Law and Practice Tell Us

A number of weeks ago it was revealed that CIA operatives systematically photographed detainees who were being held as part of the “war on terror” while naked. It…
Just Security

The Torture Convention & Appendix M of the Army Field Manual on Interrogations

We are on the eve of the release of the Senate Select Committee on Intelligence’s report on the Central Intelligence Agency’s interrogation program. Although this report will…
Just Security

Time to Give the Sleeves From Our Vest and Acknowledge the Extraterritoriality of the Convention Against Torture

As David Luban noted yesterday evening, Charlie Savage of The New York Times reported that the Obama Administration likely plans to continue to espouse Bush-era positions on the…
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