Without this amendment there would only be the State Department to prevent abuses. In my view. the Federal courts are well suited to make the types of decisions called for in this amendment. They already make similar decisions in asylum cases. Moreover. the grant of such authority to the judicial branch may serve as a buffer to protect the executive branch from protests from requesting countries when we refuse extradition. As the second circuit court of appeals recently said: In the 20th century the international community has come to recognize the common danger posed by flagrant disregard of basic human rights and particularly the right to be free from torture . .. civilized nations have banded together to prescribe acceptable norms of international behavior ... (it) is in their individual and collective interest.
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asylum cases