But a new President or a new set of circumstances that present a necessity defense could overturn these current restraints once again, depending on what the Special Interagency Task Force on Interrogation and Transfer Policies recommends.

He also ruled that they could not use a necessity defense because they did not show, as they contended, that the prayer meeting could have the tangible, immediate effect of saving the lives of Iraqi civilians or U.

51) If the international legal community adopts Justice Cassese's and the Rome Statute's position that duress should be conceived of as a variation of the justificatory necessity defense that is only available when the actor chooses the lesser of two evils, then it seems clear that duress would seldom, if ever, be a defense to a crime against humanity involving the commission of multiple murders.