Quote:
Originally posted by Airbornelawyer
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).
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Is this also true in international courts like The Hague or whatever it's called (you can see how much attention I pay to these things)?