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Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act

Claire Jabbour

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Abstract

This Comment focuses its analysis on the Wartime Suspension of Limitations Act and how it applies to military contractors who commit crimes during times of war. This Comment argues that the Wartime Suspension of Limitations Act, as modified in 2008, applies to the offense of torture if committed during the Iraq and/or Afghanistan conflicts. Applying the 2008 modification of the Wartime Suspension of Limitations Act does not violate the rule against ex post facto applications of law because the statute of limitations on torture would not have expired by 2008; therefore, there is no retroactive application.This Comment looks at the current lay of the land surrounding military contractor liability.Ultimately, this Comment concludes that military contractors enjoy near-impunity, both criminally and civilly, under the current law.In the few circuits where military contractors have been held civilly liable, there continues to be uncertainty about the future stability of the decision.In tro du ction ......

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This Comment focuses its analysis on the Wartime Suspension of Limitations Act and how it applies to military contractors who commit crimes during times of war. This Comment argues that the Wartime Suspension of Limitations Act, as modified in 2008, applies to the offense of torture if committed during the Iraq and/or Afghanistan conflicts. Applying the 2008 modification of the Wartime Suspension of Limitations Act does not violate the rule against ex post facto applications of law because the statute of limitations on torture would not have expired by 2008; therefore, there is no retroactive application.This Comment looks at the current lay of the land surrounding military contractor liability.Ultimately, this Comment concludes that military contractors enjoy near-impunity, both criminally and civilly, under the current law.In the few circuits where military contractors have been held civilly liable, there continues to be uncertainty about the future stability of the decision.In tro du ction ......

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This Comment focuses its analysis on the Wartime Suspension of Limitations Act and how it applies to military contractors who commit crimes during times of war. This Comment argues that the Wartime Suspension of Limitations Act, as modified in 2008, applies to the offense of torture if committed during the Iraq and/or Afghanistan conflicts. Applying the 2008 modification of the Wartime Suspension of Limitations Act does not violate the rule against ex post facto applications of law because the statute of limitations on torture would not have expired by 2008; therefore, there is no retroactive application.This Comment looks at the current lay of the land surrounding military contractor liability.Ultimately, this Comment concludes that military contractors enjoy near-impunity, both criminally and civilly, under the current law.In the few circuits where military contractors have been held civilly liable, there continues to be uncertainty about the future stability of the decision.In tro du ction ......

Key concepts: Law, Government (linguistics), Liability, Supreme court, Political science, Spanish Civil War, Torture, Peacetime

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