Yousuf v. Samantar’s Empirical Analysis

Citation profile

8 federal appellate · 5 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A jus cogens norm, also known as a "peremptory norm of general international law,” can be defined as "a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” Vienna Convention on the Law of Treaties art. 53, May 23, 1969, 1155 U.N.T.S. 331; Siderman de Blake v. Republic of Argentina, 965 F.2d 699, 714 (9th Cir.1992) (adopting same definition). Prohibitions against the acts involved in this case-torture, summary execution and prolonged arbitrary imprisonment-are among these universally agreed-upon norms.”

   2 later decisions quote this exact passage
   e.g. Yousuf v. Samantar (In re Samantar) · 453 N.J. Super. 526 - Ben-Haim v. Edri

2. “[U]nder international and domestic law, officials from other countries are not entitled to foreign official immunity for jus cogens violations, even if the acts were performed in the defendant's official capacity.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Dogan v. Barak · Doe v. Buratai

3. “acts performed in [their] official capacity if the effect of exercising jurisdiction would be to enforce a rule of law against the state[.]”

   2 later decisions quote this exact passage
   e.g. Lewis v. Mutond · Dogan v. Barak