Since 9/11, the United States has engaged in various covert and military activities overseas to combat terrorism. Those affected by these activities have responded by litigating cases against the United States or U.S. officials in non-U.S. courts. This panel will examine whether this kind of litigation is a productive tool for holding the United States accountable. The panel will assess the efficacy and precedential value of recent decisions by the European Court of Human Rights and various domestic courts on issues like the rendition, detention, and mistreatment of terrorism suspects. The panel will also discuss the many challenges to this kind of litigation: uncertainty as to which national or international legal standards apply, complications relating to the production and reliability of the evidence, and the discomfort among many national courts with the prospect of interfering in their countries’ foreign affairs.
1.5 CLE (60 minute hour credit) California, Pennsylvania, Virginia, New York, and other states by reciprocity
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