United States of America--a Safe Haven for Torturers


Book Description

Torture is firmly prohibited by international law. It is a crime in all places and at all times. Indeed, torturers are considered 'hostis humani generis' (enemies of all humanity). When someone is tortured, it is an affront to human dignity. When torturers are not held accountable for their actions, it is an affront to justice. Impunity occurs when perpectrators of human rights abuses are not held accountable for their actions. It occurs when perpetrators refuse to acknowledge the wrongfulness of their conduct. It occurs when states refuse to accept responsibility for the acts of government agents. And it occurs when the international community allows perpetrators to go unpunished. Impunity is a problem in all countries, including the United States. For decades, the United Staes has condemned torture and other human rights abuses committed abroad. Yet it has failed to bring to justice the perpetrators of such abuses when they have entered the country. Accordingly, this report, which is part of Amnesty International's Campaign to Stop Torture, sets forth a multi-track strategy to ensure that the United States is not a safe haven for torturers.




Justice Across Borders


Book Description

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.