Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Law
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Antioch Law Journal
In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum
Michigan Journal of International Law
In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …