The Writ Stops Here: No Habeas for Prisoners Held by U.S. Forces in Afghanistan
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The 1976 Foreign Sovereign Immunities Act (FSIA) provides the exclusive framework for deciding when foreign governments are entitled to immunity from suit in U.S. courts. [1] Over the years, the Supreme Court has played an integral role in interpreting the statute. This week, the Court once again faces the task of resolving a fundamental question about the FSIA's scope.
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I. Introduction
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The UN Security Councilâs use of âtargeted sanctionsâ against suspected terrorists â an important counter-terrorism tool designed to immobilize assets and limit travel â has come under increasing challenge by regional and national courts.[1] The challenge is simple: the sanctioning of a person amounts to the imposition of a penalty, yet the normal due process afforded alleged criminals does not apply.