This paper draws on the recently published reports by The Constitution Project’s Task Force on Detainee Treatment and the Open Society Justice Initiative to explore the issue of human rights violations committed by the United States and its partners via the extraordinary rendition program. It focuses on two specific human rights violations, torture and refoulement, and the legal obligations these violations trigger. It examines the obligation to compensate victims specifically and reviews how former detainees have exercised their rights to reparation. The inquiry reflects on the challenges for those seeking reparation and opportunities for non-state actors to contribute to that effort by supporting documentation, truth-seeking, and truth-telling. The analysis concludes that although progress has been made, reparation efforts have thus far been unable to overcome the gap in accountability for human rights violations resulting from the rendition program, compromising the fulfillment of victims’ rights to reparation.
Amy M. L. Tan, “Extraordinary Rendition, Victims’ Rights and State Obligations,” Josef Korbel Journal of Advanced International Studies 5 (Summer 2013): 82-117