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No Cause of Action Under International Law for Medical Experiments
Plaintiffs complaining about being subjected to medical experiments in a mental hospital "have not established a cause of action for civil responsibility for crimes against humanity." (42) Although international law "is an inseparable part of American jurisprudence and as such is justiciable in the Courts of the United States," it does not require any particular reaction to violations of law, and there is generally no private right of action under international law absent a statute providing. The Nuremberg Code does not confer a private right to sue. Courts may not "imply" a private right of action under the International Covenant on Civil and Political Rights. Even if they could (as one case suggests), the existence of adequate domestic remedies (tort causes of action) obviates the need for an international law remedy. See: Heinrich v. Sweet, 49 F.Supp.2d 27 (D.Mass. 1999).
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Related legal case
Heinrich v. Sweet
| Year | 1999 |
|---|---|
| Cite | 49 F.Supp.2d 27 (D.Mass. 1999) |
| Level | District Court |
| Injunction Status | N/A |