Open Access. Powered by Scholars. Published by Universities.®
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 …
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Antioch Law Journal
Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …