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Forti and Another v. Suarez-Mason
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Arrest and detention — Torture, inhuman and degrading treatment — Summary execution and murder — Causing the disappearance of individuals — Whether contrary to customary international law — Whether customary international law now prohibiting violations of human rights principles committed by a State against its nationals
Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Whether jurisdiction extending to violations of any rule of international law — Whether rule must be universally accepted and clearly defined — Torture, inhuman and degrading treatment — Arrest and detention — Summary execution and murder — Causing the disappearance of individuals — Whether constituting violations of the law of nations — Whether jurisdiction extending to a State’s treatment of its own nationals — Whether Alien Tort Claims Act creating cause of action — Federal question jurisdiction — Whether extending to breaches of international law
Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State doctrine — Whether applicable to acts in violation of international law — Relationship of doctrine to Alien Tort Claims Act
Sources of international law — General — State practice — Treaties — Writings of publicists — Judicial decisions — The law of the United States
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