Abstract
Question: What happens when former Guantanamo detainees sue the US Secretary of Defense, raising claims of torture? Answer: A thicket of immunity defences bars their claims. But in the process, a US appeals court finds that torture of the detainees is ‘foreseeable,’ that it is ‘incidental’ to conduct authorized, and that detainees under the sole control of the US government have no constitutional rights. This language may ultimately prove more provocative than the dismissal itself.
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