Abstract

http://ssrn.com/abstract=1728895
 


 



Promises to Keep: Diplomatic Assurances Against Torture in US Terrorism Transfers


Naureen Shah


Human Rights Institute, Columbia Law School

December 20, 2010


Abstract:     
"Diplomatic assurances" are promises not to torture. The US and other traditionally rights-respecting governments have sought these assurances when sending detainees, usually terrorism suspects, to foreign authorities known for torture. This report, the culmination of several years of research by the Human Rights Institute, presents the evolving evidence and jurisprudence of assurances. Without taking a position on whether assurances can work, it describes elements that are necessary to make assurances plausible: judicial review, public scrutiny, and systematic monitoring.

Number of Pages in PDF File: 174

Keywords: diplomatic assurances, torture, Special Immigration Appeals Commission, non-refoulement, rendition, repatriation, Guantanamo, summary removal, deportation, extradition, detainees, Afghanistan, National Directorate of Security, security certificates, torture preventing, monitoring, judicial review

JEL Classification: K30, K33

working papers series


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Date posted: December 21, 2010 ; Last revised: December 26, 2010

Suggested Citation

Shah, Naureen, Promises to Keep: Diplomatic Assurances Against Torture in US Terrorism Transfers (December 20, 2010). Available at SSRN: http://ssrn.com/abstract=1728895 or http://dx.doi.org/10.2139/ssrn.1728895

Contact Information

Naureen Shah (Contact Author)
Human Rights Institute, Columbia Law School ( email )
10025
HOME PAGE: http://www.law.columbia.edu/center_program/human_rights/who_we_are/Naureen_Shah
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