In a civil action filed by four Iraqi nationals, alleging that they were abused while detained in the custody of the U.S. Army at Abu Ghraib prison, located near Baghdad, Iraq, in 2003 and 2004, brought pursuant to the Alien Tort Statute (ATS), 28 U.S.C. section 1350, that defendant's employees committed acts involving torture and war crimes, and cruel, inhuman, or degrading treatment, and also asserting various tort claims under the common law, including assault and battery, sexual assault and battery, and intentional infliction of emotional distress, the District Court's judgment is vacated where it erred in its analysis by failing to determine whether the military exercised actual control over any of defendant's alleged conduct.