This inquiry proceeds in three parts. First, I determine whether the United States tortured War on Terror detainees. I then consider whether a binding international norm against torture exists and if the United States violated it. Finally, I examine this issue from a policy standpoint, asking whether it is good policy to have the customary international law of torture bind the United States.
Decker, Joshua A.
"Is the United States Bound by the Customary International Law of Torture? A Proposal for ATS Litigation in the War on Terror,"
Chicago Journal of International Law:
2, Article 17.
Available at: https://chicagounbound.uchicago.edu/cjil/vol6/iss2/17