Jurisdiction in Complicity Cases: Rendition and Refoulement in Domestic and International Courts


A norm prohibiting the complicity of one state in the internationally wrongful conduct of another state is a recognized part of customary international law, and the norm is also contained in many international treaties. This Note will explore the circumstances in which courts have upheld or declined jurisdiction over complicity claims, relying on recent international and domestic cases that arose in the context of the U.S. extraordinary rendition program.