Mänskliga rättigheter i kriget mot terrorismen : En studie om extraordinära överlämningar

Sammanfattning: It has been two decades since the terrorist attacks on September 11. These events were the starting shot for the US war on terrorism, which has resulted in extreme challenges for human rights treaties. Several people have fallen victim to the US protection measures, which have included a detention and interrogation program and extraordinary renditions. The US protection measures have resulted in military invasions, kidnappings, detentions, and acts of torture. Even though black sites are no longer secret, has nobody ever been held responsible for these crimes. The question of who should be held responsible for the systematic violations of the United States is therefore necessary to discuss as this is a problem that characterizes the international legal system still today. The purpose of this paper is to investigate whether the US legal argument for justifying enhanced interrogation techniques and extraordinary renditions is consistent with the human rights treaties. The study examines the extent to which the US exercises jurisdiction over people who are subject to extraordinary renditions. Furthermore, it is also important to investigate if extraordinary renditions conflict with two treaties that have been approved in the United States and consequently the legitimacy of the arguments will be tested against CAT and ICCPR. The problem has been analysed in the light of jurisdiction. The interpretation of the concept of jurisdiction in general international law and human rights treaties constitutes an essential issue regarding states’ responsibilities to uphold and respect the human rights within the research area and research questions. The study focuses primarily on the question of when a state has obligations under human right treaties outside of its own territory. The issue of jurisdiction has been discussed primarily in international courts since Bankovic. The investigation shows that people that have been subject to extraordinary renditions as well as the detention and interrogation program fall under US jurisdiction. According to case law, the study establishes that the United States exercises effective control over the people in the event of extraordinary renditions. Moreover, the study claims that state responsibility can be attributed to the US for having failed in its obligations to respect and protect human rights in the war on terrorism.