The Note argues that U.S. courts should consider treatment of an apprehended individual in determining whether to retain jurisdiction. It examines U.S. and international law, and argues that the U.S., in order to comply with international law, must consider the treatment of an apprehended individual. It concludes that the U.S. courts must divest themselves of jurisdiction if U.S. agents have mistreated an apprehended individual in violation of international law.
Andrew M. Wolfenson