torture

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The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

On Functional Immunity of Foreign Officials and Crimes under International Law

Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
A police personnel wearing a face mask crosses a street on foot as military personnel on motorcycles ride in lines toward him as they take part in a rehearsal for the Independence Day Parade in Colombo on February 3, 2021.

Highlighting Sri Lanka’s Abuses to the UN in Reviews and Strategic Litigation

The Human Rights Council should build on the documentation and advocacy NGOs have done over the years to encourage accountability for gross violations.
U.S. President Joe Biden talks with newly sworn in Homeland Security Secretary Alejandro Mayorkas before signing several executive orders directing immigration actions for his administration in the Oval Office at the White House on February 02, 2021 in Washington, DC. Both wear face masks and Mayorkas stands approximately six feet away from the desk President Biden sits at.

Biden’s Asylum EOs and Where to Go from Here

Biden's asylum executive orders are laudable in many respects, but more work is needed to fix an asylum system that was broken well before Trump took office.
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…
Antony Blinken at his confirmation hearing to be Secretary of State before the US Senate Foreign Relations Committee on January 19, 2021 in Washington, DC.

U.S.-ICC Relations Under a Biden Administration: Room to Be Bold

The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…
Seated under a portrait of the Saudi monarch, US Secretary of State Mike Pompeo meets with Saudi Arabia's Crown Prince Mohammed bin Salman at Al Salam Palace in the Red Sea port of Jeddah on June 24, 2019.

Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”

The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…
People carry bags of cocoa at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe Series: Shielding American Corporations from Liability Undermines the United States’ Moral Authority

Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
Trump claps his hands at the Republican presidential nomination as son-in-law and senior advisor Jared Kushner and children Eric and Ivanka Trump look on the South Lawn of the White House August 27, 2020 in Washington, DC. None of them wear face masks.

We Can’t “Look Forward” on the Trump Administration’s Abuses

When President-elect Joe Biden takes office in January, he will confront a national economic crisis and a still out-of-control pandemic. He will also face questions about how to…
The words "Cargill is Guilty" are projected in lights onto the face of the U.S. Supreme Court in Washington, D.C. on November 30, 2020 as part of a protest.

Nestlé & Cargill v. Doe Series: Holding the Aiders and Abettors of Atrocity to Account

Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.
Robert H. Jackson’s opening statement at the Nuremberg Trials.

A Commander’s Duty to Punish War Crimes: Past U.S. Recognition

A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
The cocoa bean packing warehouse sits empty in the Sampaka Farm on August 08, 2018 in Malabo, Equatorial Guinea. The warehouse is dark with only two skylights and a ladder with wheels stands toward the center of the room.

Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute

Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
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