The Undergraduate Law Review at UC San Diego

Despite the nation’s former dedication toward providing redress for victims of international law violations under the Alien Tort Statute (ATS), in the period after 9/11, the United States reneged on its commitment to international legal norms by failing to provide redress to victims of rights infringements. Although scholarship on the legality of the United States’ conduct during the War on Terror is abundant, much of this research fails to highlight how the nation's legacy of avoiding redress stands in stark contrast to our allies. European nations that aided the Central Intelligence Agency (CIA)’s detention and interrogation program by hosting secret detention centers, known as black sites, were found liable for international law violations under the European Court of Human Rights (ECtHR) and forced to pay redress to the victims. After analyzing the limited redress options available in the ECtHR versus in domestic courts, this paper proposes that Congress should pass an amendment to the ATS enshrining the right to sue non-domestic corporations, which includes military contractors, for violating the international law of freedom from torture in line with the cause of action provided by previous ATS cases. In creating such an amendment, the United States can ease the strain on military operations and intelligence connections resulting from conduct during the War on Terror. Although victims still endure damages, it would provide a clear avenue for those seeking redress. Furthermore, the amendment would disincentivize further rights violations, allowing the United States to reassert its commitment to international legal norms.