Quote:
Originally posted by Roguish Lawyer
But which of these provide a private right of action under international law? Or is there such a thing?
|
There is (probably) no private right of action under
customary international law. There would have to be a statutory basis. But because of
Johnson v. Eisentrager ("a nonresident enemy alien has no access to our courts in wartime"), I don't know if an enemy detainee would have standing to bring suit in Federal court even where the court has subject matter jurisdiction under 1331 (Federal questions) or 1346 (US as defendant).