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Linder and Others v. Portocarrero and Others

United States.  17 September 1990 ; 17 June 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

War and armed conflict — Enforcement of the laws of war — Internal armed conflict — Nicaragua — Conflict between Contra rebels and Government — Torture and summary execution of wounded civilian by Nicaraguan Contras — Whether contrary to international law — Whether international law creating private right of action for breach of customary international law by non-State actor — Geneva Conventions on the Law of Armed Conflict, 1949 — Whether creating a private right of action in municipal courts

Jurisdiction — For breaches of international law — Civil action for violation of international law — Whether within jurisdiction of United States courts — Torture and summary execution of United States civilian by Contras during Nicaraguan civil war — Whether jurisdiction of court extending to acts performed outside of the United States by non-State actor during foreign civil war — Contra leaders residing in the United States authorizing torture and execution of United States civilian working in Nicaragua during civil war — Whether actions of Contra leaders within jurisdiction of United States courts

Relationship of international law and municipal law — Conduct of foreign relations — Political question doctrine — Nicaraguan civil war — Action in tort — Allegation that Nicaraguan Contras torturing and killing United States civilian as part of plan to destabilize the Nicaraguan Government — Whether action requiring court to examine United States relationship with Contras

States — Subjects of international law — Distinction between State and non-State actors — Nicaraguan Contras — Status in international law — Whether international law applicable to Nicaraguan Contras — Whether international law prohibition of torture and summary execution applicable to torture and summary execution of United States civilian by Contras during Nicaraguan civil war

Relationship of international law and municipal law — Treaties — Whether creating private right of action — Criteria for determining whether treaty self-executing — Customary international law — Whether part of United States law — Whether international law creating private right of action for violations — Political question doctrine — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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