Wednesday, November 12, 2014
The US Changes Its Interpretation of Convention Against Torture!!
As we discussed in class last week, the US had to make submissions this month on its position regarding the US interpretation of the extraterritorial obligations under the CAT. The Obama administration has altered the US position so as to accept the more widely understood interpretation, that the CAT obligations regarding both torture and CID apply to state agents operating outside of the territory of the state. Bravo! Full story here.
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In light of everything we've discussed in class, this seems like a positive step toward the U.S. (finally) acknowledging and remedying certain acts of the past. At the very least, this should end future debate as to whether EITs are permissible under international law.
ReplyDeleteI think that Courtney is right, this may be a step towards acknowledging mistakes of the past. As the U.S. has decided to acknowledge the treaty intent and expand the torture provisions not just to territory but to controlled jurisdictions, I wonder what this will do from a liability standpoint. Are the new interpretations retro-active? Does this officially open the US to legal ramifications with actions taken in military controlled zones and places like GITMO. I wonder how this would have changed the case we talked about on Tuesday. I wonder if this would have lead to action against the CIA operatives, and again where do you draw the line. I also wonder what the rest of the world thinks with an announcement like this. If torture is a jus cogens on the international stage, are we the guys late to the party, painfully out of style, and socially awkward, or are we flat cool no matter when we get there. Enough babble from me.
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