Gathiie, James Thuo
December 2003
Albany Law Review;2003, Vol. 67 Issue 2, p335
Academic Journal
Explores whether extraterritorial torture of foreign citizens in the context of the war on terrorism should be subject to judicial review in the U.S. under the rules of customary international law. Discussion on framing the question of extraterritorial torture for purposes of obtaining jurisdiction; Demonstration of the inconsistency of jurisprudence surrounding extraterritorial jurisdictional denials; Evidence that federal courts are more likely to find they have jurisdiction where a claim of torture is brought against a government other than the U.S.


Related Articles

  • SOVEREIGN IMMUNITY.  // International Law Update;Jun2009, Vol. 15, p77 

    The article offers information on the Foreign Sovereign Immunities Act (FSIA) of 1976 in the U.S. According to the act, law suits against foreign nations may not be brought into the U.S. courts. Moreover, the federal courts in the country were deprived of jurisdiction over cases involving FSIA...

  • Compounding the Countermajoritarian Difficulty Through "Plaintiff's Diplomacy": Can the International Criminal Court Provide a Solution?  // Brigham Young University Law Review;2003, Vol. 2003 Issue 3, p1129 

    Examines the compounded and internationalized difficulty of the plaintiff's diplomacy litigation of the U.S. Alien Tort Claims Act (ATCA) in relation to the U.S. rejection of the International Criminal Court (ICC) based in part on the similar capacity of the ICC for judicial legislation. ...

  • Recent Decisions.  // California Law Review;Mar1927, Vol. 15 Issue 3, p262 

    Presents several U.S. court decisions as of March 1927. Illustration on the liability of minor over age of eighteen to restore consideration upon disaffirming contract; Knowledge of judge before inception of action, in the case of Oakley v. Aspinwall; Cases illustrating the effect of enforced...

  • Universal Jurisdiction in Practice. Gallagher, Katherine // Journal of International Criminal Justice;Nov2009, Vol. 7 Issue 5, p1087 

    This article examines the efforts to hold high-level US officials accountable for their alleged role in the torture and other serious abuse of detainees under US control through the principle of universal jurisdiction. First, it sets out what is known about United States detention and...

  • GENEVA CONVENTIONS. Ratner, Steven R. // Foreign Policy;Mar/Apr2008, Issue 165, p26 

    The article discusses the Geneva Conventions, the international law governing the treatment of soldiers and civilians during war, and their relevance in the 21st century. Topics discussed include the War on Terror, al Qaeda and other non-state terrorist groups, torture and interrogation, and the...

  • Jurisdiction Over Foreign Corporations: Actions Arising Out of Acts Done Within the Forum. McBaine, J.P. // California Law Review;Jun46, Vol. 34 Issue 2, p331 

    Discusses the U.S. Supreme Court decision in International Shoe Company v. State of Washington, regarding the question of jurisdiction over foreign corporations. Company profile; Discussion on the presence theory; Questions involved when a court is asked to award a personal judgment against a...

  • UNDERSTANDING THE OBSTACLES TO THE RECOGNITION AND ENFORCEMENT OF U.S. JUDGMENTS ABROAD. BAUMGARTNER, SAMUEL P. // New York University Journal of International Law & Politics;Summer2013, Vol. 45 Issue 4, p965 

    The article discusses the implementation and enforcement of U.S. court judgments abroad, with focus given to obstacles associated with recognition-state sovereignty, the protection of public interest in the recognition state, and protections of the party or parties that the U.S. judgment has...

  • A NEXT RWANDA? A NEXT IRAQ? MILITARY INTERVENTION IN THE 21ST CENTURY. Flood, Patrick J. // ILSA Journal of International & Comparative Law;Spring2005, Vol. 11 Issue 2, p379 

    Addresses the conditions under which reactive and pre-emptive military intervention are ethical and in accordance with international law and institutions. Balance of authority and action among states, regional organizations and the United Nations ion matters of military intervention; Role of...

  • World Court Rulings on the Use of Force in the Context of a Global Power Struggle. Almond Jr., Harry H. // World Affairs;Summer85, Vol. 148 Issue 1, p18 

    Examines the general principles that apply to conditions of warfare or armed conflict to assess the United States withdrawal from the jurisdiction of the International Court of Justice in the case brought by Nicaragua. Allegations by all of the belligerents that their adversaries have engaged...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics