torture
389 Articles

A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.

Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.

Restoring Justice to DOJ
Healing Trump-era wounds at DOJ will require understanding the extent of the abuse and taking specific steps to prevent repetition.

Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…

Parsing an Immunity Decision at the Heart of U.S.-Egypt Relations
A suit between a US citizen and the former PM of Egypt raises sticky questions of diplomatic immunity - and tees up a potential constitutional clash between the executive and judiciary.…

The Méndez Principles: The Case for US Legislation on Law Enforcement Interviews
Americans are increasingly interested not only in reallocating police resources, but also making policing more effective and more ethical.

The Méndez Principles: Beware Crossing the Line to Psychological Torture
As the UN marks the International Day in Support of Victims of Torture, a reminder of the many forms of such abuse that are prohibited.

The Méndez Principles: A Focus on the Exclusionary Rule
To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.

The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…

How the Biden Administration Should Take Torture-Derived Evidence Off the Table
In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…

The Méndez Principles: Sharpening the View on Interrogation and Utilitarianism
Philosopher-jurist Jeremy Bentham's “ticking bomb scenario,” often cited to justify torture, has spawned wild misconceptions.

State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…