On September 8, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit dismissed a civil suit filed under the Alien Tort Claims Act by five extraordinary rendition victims against a Boeing subsidiary, Jeppesen DataPlan, Inc. for its role in their rendition. [Amnesty International USA ; ACLU] The federal government intervened in the suit, arguing that
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News Clips – July 18, 2010
Argentina legalizes same-sex marriage, becoming the second country in the Western Hemisphere to do so. [Washington Post] The Pre-Trial Chamber I of the ICC has issued a second arrest warrant for Sudan’s President Al Bashir, who is wanted to face charges of genocide against the Fur, Masalit and Zaghawa ethnic groups. The first warrant was based on charges of war
Read moreU.S. Department of Justice Files Constitutional Challenge against Arizona Immigration Law
The U.S. Department of Justice announced last week that it had filed a constitutional challenge to Arizona’s new immigration law, S.B. 1070 (discussed earlier on this blog here and here), seeking declaratory and injunctive relief against its enforcement. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which
Read moreU.S. Supreme Court Upholds Law Criminalizing “Material Support” of Designated Terrorist Organizations, Including Provision of Legal Advice
Today, the U.S. Supreme Court issued its decision in Holder v. Humanitarian Law Project, affirming in part and reversing in part the 9th Circuit Court of Appeals’ decision, issued in 2007. [Washington Post; CCR] In a 6-3 decision authored by Chief Justice Roberts, the Court upheld 18 U.S.C. § 2339B(a)(1)—which makes it a federal crime to “knowingly provid[e] material support
Read moreECHR to Review El-Masri Case against Macedonia; U.S. Supreme Court Will Not Hear Mahrer Arar's Claim against U.S.
Two high profile cases of extraordinary rendition and torture in the ‘war on terror’ were back in the news today when one advanced procedurally before the European Court of Human Rights and the other reached the end of road before U.S. courts. The Open Society Justice Initiative announced today that its application on behalf of Khaled El-Masri will be considered
Read moreNews Clips – June 1, 2010
Protocol 14 to the European Convention on Human Rights enters into force today, introducing a number of changes to decrease the Court’s backlog, strengthen enforcement in order to reduce repetitive applications, concentrate its efforts on cases where applicants have suffered a “significant disadvantage”, and allow the European Commissioner for Human Rights to intervene as a third party [ECHR] Amnesty International
Read moreNews Clips – May 23, 2010
Protests continue in Thailand as Asian Centre for Human Rights decries international community’s silence and the EU Parliament and Human Rights Watch express concern over violence, emergency provisions, and censorship. The BBC has provided a detailed overview of the situation. Human Rights Watch urges new British government to reform counterterrorism strategies and investigate British agents’ complicity in torture and rendition. [HRW] Related cases decided by the
Read moreJudge Orders Release of Guantanamo Detainee Mohamedou Slahi
Today, the ACLU made available on its website D.C. District Court Judge James Robertson’s order granting Guantanamo Bay detainee Mohamedou Ould Slahi’s petition for writ of habeas corpus (here). The decision, handed down on March 22, was under seal pending release of an unclassified version. Judge Robertson’s decision comes over eight years after Slahi’s initial detention in Senegal in November
Read more1983 Beirut Bombing Victims Awarded $1 Billion in Punitive Damages
On March 31, the U.S. District Court for the District of Colombia issued its final judgment in Valore v. Islamic Republic of Iran, awarding the survivors and victims’ estates over $1 billion in damages. The plaintiffs alleged tort liability under the amended the Foreign Sovereign Immunities Act and District of Colombia law for the deaths, injuries, and pain and suffering caused
Read moreD.C. District Court Dismisses as Moot 105 Habeas Petitions of Transferred Guantanamo Detainees
On April 1st, in its consideration of 105 habeas petitions presented by non-U.S. citizens formerly held at Guantanamo, the U.S. District Court for the District of Colombia held that such petitions become moot when the individuals have been transferred to foreign countries. The petitioners had filed their habeas petitions while still detained at Guantanamo and, following their release or transfer
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