ABSTRACT
This chapter challenges the assertion of the Justice Department that the prohibition against ex post facto prosecution precludes criminal prosecution for acts of torture committed prior to 1994. It reviews the Convention against Torture, emphasizing its provisions on criminal prosecution. The chapter examines US compliance with the Convention against Torture. In particular, it describes the criminal prosecution regime adopted by the United States in 18 USC. § 2340 et seq, which establishes criminal liability for acts of torture, regardless of where such acts occurred. While 18 USC. § 2340A was adopted in 1994, there have been no prosecutions to date. The chapter critiques the position of the Justice Department, which refuses to prosecute cases where the underlying act of torture occurred prior to 1994. Specifically, the prohibition against ex post facto prosecution is inapplicable to actions brought pursuant to 18 USC. § 2340A.
