Abstract

http://ssrn.com/abstract=2006022
 


 



Samantar v. Yousuf: U.S. Supreme Court Amicus Brief on Behalf of Holocaust Survivors and Darfur Genocide Groups


Gregory S. Gordon


The Chinese University of Hong Kong - Faculty of Law

Sonya D. Winner


affiliation not provided to SSRN

February 15, 2012


Abstract:     
In the case of Samantar v. Yousuf, the United States Supreme Court had to decide whether a former Somali Prime Minister, accused of torturing his own people while in office, should be immune from liability in U.S. courts on grounds of sovereign immunity (in particular, pursuant to the Foreign Sovereign Immunities Act). The sovereign immunity defense featured prominently in cases brought against former Nazi officials in the wake of the Holocaust, including the landmark Nuremberg and Eichmann trials. Modern international criminal tribunals have also relied on this precedent to reject the sovereign immunity defense for gross human rights violations committed in Rwanda, Darfur and the former Yugoslavia. This amicus brief illuminates the connection between the defense as asserted in the Samantar case and its treatment and rejection in the Holocaust and modern cases.

Number of Pages in PDF File: 43

Keywords: sovereign Immunity defense, atrocities, Holocaust, international criminal law, alien tort statute

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Date posted: February 18, 2012  

Suggested Citation

Gordon, Gregory S. and Winner, Sonya D., Samantar v. Yousuf: U.S. Supreme Court Amicus Brief on Behalf of Holocaust Survivors and Darfur Genocide Groups (February 15, 2012). Available at SSRN: http://ssrn.com/abstract=2006022 or http://dx.doi.org/10.2139/ssrn.2006022

Contact Information

Gregory S. Gordon (Contact Author)
The Chinese University of Hong Kong - Faculty of Law ( email )
6/F, Lee Shau Kee Building
Kowloon, Shatin, New Territories
Hong Kong
HOME PAGE: http://www.law.cuhk.edu.hk/people/gordon-gregory.php
Sonya D. Winner
affiliation not provided to SSRN
No Address Available
Feedback to SSRN


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