1 Sands notes in his book that he attended the hearings in the Pinochet case, commented on them for the media, and served as counsel to Belgium to obtain access to Pinochet’s medical records.

2 The recent decision by the executive branch to apply common Article 3 to detained A1 Qaeda suspects, though laudable, will not alone overcome these concerns.

3 See, e.g., Knut, Dormann, The Legal Situation of “Unlawful/Unprivileged Combatants” 849 Int’l Rev. Red Cross 45 (2003)Google Scholar.

4 Notably, the reservation to the definition of torture and the understanding on the definition of cruel, inhuman, or degrading treatment or punishment.

5 Comm’n on the Responsibility of the Authors of the War and on Enforcement of Penalties, Report Presented to the Preliminary Peace Conference (Mar. 29, 1919), reprinted in 14 AJIL 95, 144 (1920).

6 Metalclad Corp. v. Mexico, Award ( Nafta Ch. 11 Arb. Trib. Aug. 30, 2000) (discussed in case report by William, S. Dodge at 95 AJIL 910 (2001)Google Scholar.

7 543 U.S. 551 (2004).

8 See, e.g., Antonio, Cassese, Ex iniuria ius oritur: Are We Moving Towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community? 10 EUR. J. Int’l L. 23 (1999)Google Scholar.