30 Hastings Int'l & Comp. L. Rev. 347 (2006-2007)
Deportation of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity

handle is hein.journals/hasint30 and id is 359 raw text is: Deportation of Human Rights Abusers:
Towards Achieving Accountability,
Not Fostering Impunity
By SIMONA AGNOLUCCI *
Josef, a Lebanese war criminal and known torturer, fled to the
United States in the 1980s and has since lived with impunity in
Southern   California.'    A   leading   international human     rights
organization has learned of Josef's presence in the United States and
would like to hold him accountable for his past abuses. Because the
10-year statute of limitations applicable to Alien Tort Claims Act
(ATCA) suits has expired and there may be no possibility for
tolling, bringing a civil suit against him in the United States could
prove difficult. Josef can be prosecuted for torture committed abroad
pursuant to a domestic criminal law,2 but the United States has used
this law to file torture charges only once.3 Although having Josef
extradited to Europe for trial might be possible, the facts of his
case - the acts he committed, their time frame, and the nationality of
his victims - do not lend themselves to universal jurisdiction under
* Law clerk to the Honorable William C. Canby, Jr., Ninth Circuit Court of Appeals.
J.D., University of California, Hastings College of the Law, 2006. Bachelor of Arts,
Stanford University, 1998. The author would like to thank Naomi Roht-Arriaza,
Lexiuste Cajuste, Moira Feeney, and Elias Batchelder for their guidance, insight, and
support.
1. The facts of this hypothetical are fictional. Any resemblance to real persons
or events is purely coincidental.
2. 18 U.S.C.  2340A(a) (1994).
3. See The Center for Justice & Accountability, Chuckie Taylor, Son of Liberia's
Charles Taylor, Indicted by U.S. Federal Grand Jury for Torture, available at
<www.cja.org>. Charles Chuckie Taylor, Jr., the son of former Liberian warlord
and president Charles Taylor, was indicted on criminal torture charges in December
2006. Taylor's indictment was the first time the U.S. government filed a prosecution
under its criminal torture statute. For a discussion of the United States' reluctance to
prosecute torture, see Coletta Youngers, The Pinochet Ricochet, NATION, May 8,
2000, at 5. Prosecuting Josef could also be problematic because the U.S. law
criminalizing torture was passed in 1994, well after his abuses were committed.

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