torture

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Attorney General nominee Merrick Garland testifies during his confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building on February 22, 2021 in Washington, DC.

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.
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
The secondary entry in the Department of Justice Building in Washington, DC. An American flag hangs above the entryway and words etched over the doorway read, “The place of justice is a hallowed place.”

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…
Egypt's interim prime minister Hazem Beblawi gives an interview to a journalist from the Agence France-Presse at his office in Cairo on November 24, 2013 as Egypt's interim president approved a controversial law regulating demonstrations. The Egyptian flag stands behind his chair.

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.…
A police officer carrying zip ties.

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 Courtroom of the European Court of Human Rights in Strasbourg with empty chairs. A banner at the front reads, “European Court of Human Rights” and the carpet in front of the bench shows the circle of stars against blue such as is on the European Union flag.

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.
Supreme Court Building

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.…
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

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…
A dark room with a table, chairs, and a camera on a tripod. A briefcase and photographs are spread out on the table.

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.
An American flag hangs on a wall behind barbed wire.

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…
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