Jurisdiction — Territorial — Acts performed abroad by foreign national — Claims for damages against foreign Minister of Defence for personal injuries sustained abroad at hands of foreign military — Whether claim can be brought under United States Torture Victim Protection Act when events giving rise to claim pre-date statute — United States Alien Tort Act — Whether solely jurisdictional provision or also establishing right of action — Criteria for universal norm of international law for purposes of Alien Tort Act — Whether constructive deportation constitutes cruel, inhuman or degrading treatment for purposes of Alien Tort Act — The law of the United States