The Case of Detainees Tortured in the Name of National Security and the War on Terror: Are They Entitled to Reparations?

Between 2001 and 2009, the United States of America (U.S.) allegedly committed acts of torture initiated at high levels of the government and carried out by the U.S. military, the CIA, and private contractors in territories under U.S. control (Guantanamo Bay, Iraq and Afghanistan), in secret prisons abroad allowed by a policy of extraordinary renditions. The grand majority of the torture victims are not U.S. citizens, nor residents of this country. This paper concludes that the alleged victims of torture have a right to reparations under international human rights law and that the U.S.’s responses to such allegations thus far do not comply with the requirements of the laws. In conclusion, this paper recommends what more should be done in order for the U.S. to comply with international norms regarding reparations