Extraordinary Rendition and the Torture Convention

Abstract:     
Extraordinary Rendition and the Convention Against Torture examines the U.S. policy of abducting terror suspects abroad and transferring them to third countries where they are likely to be subjected to torture and other forms of ill-treatment. The article notes that extraordinary rendition has evolved from a process by which persons were brought to the U.S. to stand trial, into a means of incapacitating suspects while keeping them out of reach of the U.S. legal system. Part I of this Article describes the Convention Against Torture and its provisions, and then examines the scope of the prohibition on torture under U.S. law. Then Part I demonstrates that extraordinary rendition constitutes a criminal conspiracy to commit torture in violation of federal law and the Convention Against Torture. Part I also addresses the policy justifications for extraordinary rendition and the use of diplomatic assurances to evade criminal liability under the torture statute. Part II examines the domestic and international mechanisms available to address extraordinary rendition, primarily focusing on the use of habeas corpus under U.S. law to challenge extraordinary rendition. The Conclusion addresses the legal climate that led to justifications for extraordinary rendition, and the unintended consequences of the policy for U.S. officials and the global community.

Keywords: extraordinary rendition, rendition, torture, convention against torture, habeas, conspiracy, human rights, diplomatic assurances, terrorism, terrorists

Accepted Paper Series