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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.
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.