December saw the long-delayed release of U.S. Senate report that savages the CIA’s Bush-era interrogation program. Six months earlier, the European Court of Human Rights had already condemned the same practices unsparingly.
On July 24, a seven-judge chamber of the ECHR held Poland liable for its complicity in the U.S. torture of two terror suspects secretly detained at a CIA “black site” in Poland between December 2002 and September 2003. Legally, as noted by Martin Scheinin of European University Institute, the opinions are noteworthy for jettisoning the “indispensable third party” doctrine. Under that doctrine, dating to 1954, the International Court of Justice has repeatedly refused to admit a claim that would require examining the culpability of a third party not before the court.
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