Yesterday, the U.S. Supreme Court issued a landmark decision that makes it possible for torture victims to bring their torturers to justice. But, here is the catch: the decision only applies to victims of torture by foreign states. Victims of torture by the United States are still waiting.
Shockingly, every attempt by victims of torture to have their day in Court in this country has been thrown out on the pleadings. Not one torturer has ever had to answer a complaint, much less openly explain and defend their behavior in a court of law. Low-level military personnel were punished for maltreatment of inmates and dereliction of duty, but none of the officers or civilian leadership who actively promoted the torture and mistreatment of detainees have ever had to defend the legality of their actions.
I am, personally, pleased that former Somali citizens and their families will have an opportunity to seek justice for the torture and extrajudicial killings committed by their government. Under international law, the torturer is the enemy of all humanity. Someday victims of torture by our government will have their day as well.