L. Protection of Prisoners Under International Law

• Library: The Jailhouse Lawyer's Handbook (CCR) (2021 Ed.)

L. Protection of Prisoners Under International Law

Along with the United States Constitution, your state constitution, and federal and state laws, another potential source of protection for prisoners is international law.

Using international law in United States courts can be complicated and controversial so you may not want to attempt it without a lawyer. Some judges may be hostile to even the mention of international law.

International law gets more recognition in the United Nations (UN). Also, many countries in North and South America are part of the Organization of American States (OAS), which has its own human rights system which is talked about below. These different systems have procedures which you might be able to use to help in your case.

The UN or the OAS human rights system might be able to address either your individual case or widespread prison conditions. While these strategies are not binding in the way that court decisions are, they may help bring awareness to your treatment and encourage authorities to address your case. They can be a low-cost supplement to highlight violations of rights. This section will outline some basic facts about international law and provide you with resources in case you want to explore the area further. A very important article to read is William Quigley and Sara Godchaux, Prisoner Human Rights Advocacy, 16 Loy. J. Pub. Int. L. 359 (2015), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2702550. Many of the topics discussed below are drawn from that article, and it goes into more depth.

Also, while you will probably be unable to sue directly under human rights treaties, each treaty has a treaty body that monitors whether the United States is following the rules set out in the treaties. You can contact a human rights group, like Human Rights Watch, and ask for help sending a letter to one of those bodies.

Human Rights Watch is an organization that monitors the conditions in prisons and publishes reports on prisons. They answer mail from prisoners, and they also send free reports that you can use to support your legal claims. Their contact information is in Appendix I.

1. Sources of International Legal Protection

There are two main sources of international law: "customary international law" and treaties. Customary international law is unwritten law based on certain principles that are generally accepted worldwide. Treaties are written agreements between countries that set international legal standards. Under Article VI, section 2 of the United States Constitution, treaties are part of the "supreme law" of the land. Customary...