abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

19 Jun 2015

Author:
Steve Vladeck, Just Security (USA)

Abu Ghraib and the Perversion of the Political Question Doctrine

I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in the context of suits by victims of torture at Abu Ghraib. It’s against that backdrop that I was disappointed to read yesterday’s…district court decision in al-Shimari v. CACI Premier Technology, Inc., which, on second remand from the Fourth Circuit, relied upon the political question doctrine to dismiss Abu Ghraib victims’ claims against the contractors allegedly responsible for their abuse. As I explain in the post that follows, there are two…flaws in Judge Gerald Bruce Lee’s opinion...[O]ne of those flaws is…the result of the Fourth Circuit’s expansive approach to the political question doctrine in military contractor cases…

Part of the following timelines

US Court dismisses lawsuit against CACI over allegations of torture of Abu Ghraib prisoners in Iraq

Ex-Abu Ghraib detainees lawsuits against CACI, Titan (now L-3)

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.