Taking the war on terror to the court : a legal analysis on the right to reparation for victims of extraordinary rendition

Abstract

This thesis tries to analyse the right to reparation for victims of extraordinary rendition. By focussing on the obstacles which victims have encountered, an answer is sought on how victims should go about in their legal struggle for justice. In chapter 1 the extraordinary rendition programme is discussed and tested against human rights law. The chapter indicates that extraordinary rendition constitutes a multiple and serious human rights violation, which deserves to be repaired (chapter 2). In the last chapter the obstacles which victims encountered are discussed an analysed. They include: State secrecy claims, immunities, obstacles relating to the ratione loci of the Court and the refusal to request extradition. The chapter ends with a plea for a more strategic approach.