torture
399 Articles
ICC Afghanistan Torture Investigation Likely to Turn on Criminal Intent
Good-faith reliance on advice of counsel is a well-established defense in U.S. criminal law, but it has not yet been tested at the ICC.
Guantanamo’s COVID-19 Precautions Must Safeguard Detainees’ Rights
Even if the virus does not reach the detainees, some of the precautions that Guantanamo is taking could at once undermine detainees’ rights, including access to counsel, and…
Is Pompeo Unintentionally Helping Out the International Criminal Court?
While likely doing little to dissuade those at the ICC and elsewhere who are committed to seeking accountability for the United States’ previous rendition and torture program,…
The “Interests of Justice” at the ICC: A Continuing Mystery
David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
Balancing Syria Advocacy and Witness Safety: Have We Lost Sight?
Groups documenting war crimes and other violations must revisit their methods of evidence collection and improve compliance with “do no harm” principles.
Guantanamo’s Ugly Taint on U.S. Diplomacy
Watching the Guantanamo proceedings from behind the courtroom's safety glass brings to mind a different prison, halfway around the world, in Egypt.
Crossing the Line from Use of Force to Torture in Response to Peaceful Demonstrations
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
Saudi Crackdown on Dissent Violates Kingdom’s International Legal Obligations
The prosecution of Salman Alodah, a reform-minded Saudi scholar, is particularly emblematic of Saudi Arabia's worrisome pattern of suppressing dissent.
A Gambian Paramilitary Fighter Could Face Justice in the United States
While Gambia wrestles with its past and decides how to hold those accused of human rights violations to account, the United States must similarly determine what to do with a former…
ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan
While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…
Go See The Report, Then Let’s Put Torture to Bed For Good
The movie is a much-needed reminder that many people know very little about our government’s decision to torture in the aftermath of 9/11, and maybe even less about related developments…
Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds
Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…