Search Results for "torture-and-its-definition-in-international-law"

Torture and Its Definition in International Law

Torture and Its Definition in International Law

An Interdisciplinary Approach

  • Author: Metin Basoglu
  • Publisher: Oxford University Press
  • ISBN: 0199374627
  • Category: Law
  • Page: 576
  • View: 1344
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This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept. With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.

Torture and Its Consequences

Torture and Its Consequences

Current Treatment Approaches

  • Author: Metin Basoglu
  • Publisher: CUP Archive
  • ISBN: 9780521392990
  • Category: Medical
  • Page: 527
  • View: 7939
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A classic publication in this field which serves as a scholarly yet very practical resource.

Substantive and procedural aspects of international criminal law. 1. Commentary

Substantive and procedural aspects of international criminal law. 1. Commentary

  • Author: Gabrielle Kirk MacDonald,Olivia Q. Swaak-Goldman
  • Publisher: BRILL
  • ISBN: 9789041111333
  • Category: Law
  • Page: 3
  • View: 9074
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Vol. II, Part 1.

The Prohibition of Torture in Exceptional Circumstances

The Prohibition of Torture in Exceptional Circumstances

  • Author: Michelle Farrell
  • Publisher: Cambridge University Press
  • ISBN: 1107292476
  • Category: Political Science
  • Page: N.A
  • View: 5339
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Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture.

Torture and State Violence in the United States

Torture and State Violence in the United States

A Short Documentary History

  • Author: Robert M. Pallitto
  • Publisher: JHU Press
  • ISBN: 1421402491
  • Category: History
  • Page: 272
  • View: 7309
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"Organized around five broad thematic periods in American history--colonial America and the early republic; slavery and the frontier; imperialism, Jim Crow, and World Wars I and II; the Cold War, Vietnam, and police torture; and the war on terror--this annotated documentary history traces the low and high points of official attitudes toward state violence."--Page 4 of cover.

Allgemeine Erklärung der Menschenrechte

Allgemeine Erklärung der Menschenrechte

  • Author: Vereinte Nationen
  • Publisher: Aegitas
  • ISBN: 500064137X
  • Category: Law
  • Page: 8
  • View: 4675
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Die Allgemeine Erklärung der Menschenrechte (A/RES/217, UN-Doc. 217/A-(III)), auch: Deklaration der Menschenrechte oder UN-Menschenrechtscharta oder kurz AEMR, ist das ausdrückliche Bekenntnis der Vereinten Nationen zu den allgemeinen Grundsätzen der Menschenrechte. Es wurde am 10. Dezember 1948 von der Generalversammlung der Vereinten Nationen im Palais de Chaillot in Paris genehmigt und verkündet.

International Law in the U.S. Legal System

International Law in the U.S. Legal System

  • Author: Curtis Bradley
  • Publisher: OUP USA
  • ISBN: 0195328590
  • Category: Law
  • Page: 256
  • View: 2638
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International Law in the U.S. Legal System decodes the often complicated ways that international law operates within the United States legal system and sheds light on unresolved issues and areas of controversy. The book covers all of the principal forms of international law including treaties, decisions and orders of international institutions, customary international law, jus cogens norms, and general principles. It also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, and extraterritoriality.

The Signature of Evil

The Signature of Evil

(re)defining Torture in International Law

  • Author: Steven Dewulf
  • Publisher: Intersentia Uitgevers N V
  • ISBN: 9781780680217
  • Category: Law
  • Page: 617
  • View: 3612
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In The Signature of Evil, the notion of torture in international law is explored with the intention of discovering the precise meaning of this most infamous, and yet still very prevalent, practice. By digesting a wealth of international legal sources - and combining this with personal field research and a look at the historical, philosophical, cultural, political, and social background of torture's use and abolition - this book's first ambition is to define the term. This leads to an extensive and impressive overview in which torture's constituent elements are carefully identified, thoroughly and meticulously scrutinized, and critically evaluated. On the basis of this synthesis and analysis - in which all possible uncertainties, problems, and evolutions are highlighted and discussed - a redefinition is proposed, which does not shy away from setting foot on new terrain and trying what might be revolutionary roads. Some thought provoking ideas are suggested - and at times controversial choices are made - but all this is done in order to attain one all-important goal: enhancing torture's absolute and non-derogable prohibition, as well as strengthening the international legal framework against unlawful abuse. On May 4, 2012 the Prof. Giuseppe Ciardi Foundation awarded its 2012 scientific prize to Steven Dewulf for his book The Signature of Evil. The Ciardi Prize is awarded annually to a substantial and original study dealing with military law, law of war or any matter connected with or related to the aforementioned.

Torture and the Ticking Bomb

Torture and the Ticking Bomb

  • Author: Bob Brecher
  • Publisher: John Wiley & Sons
  • ISBN: 0470691646
  • Category: Philosophy
  • Page: 136
  • View: 6771
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This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and timely Blackwell Public Philosophy series

Torture as Tort

Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

  • Author: Craig Scott
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847316808
  • Category: Law
  • Page: 776
  • View: 4148
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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

The U.N. Convention on Torture and the Prospects for Enforcement

The U.N. Convention on Torture and the Prospects for Enforcement

  • Author: Ahcene Boulesbaa
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041104571
  • Category: Political Science
  • Page: 366
  • View: 7873
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3. By What Criteria

Understanding Torture

Understanding Torture

  • Author: J. Jeremy Wisnewski
  • Publisher: Edinburgh University Press
  • ISBN: 074868672X
  • Category: Philosophy
  • Page: 288
  • View: 4463
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Understanding Torture surveys the massive literature surrounding torture, arguing that, once properly understood, there can be no defense of torture in any circumstances.

The United Nations Convention Against Torture

The United Nations Convention Against Torture

A Commentary

  • Author: Manfred Nowak,Elizabeth McArthur
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199280001
  • Category: Law
  • Page: 1649
  • View: 9204
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This volume provides a thorough commentary on the articles of the Convention against Torture, with historical context and analysis of relevant case law from monitoring bodie and international, regional and domestic courts.

International Law and Drone Strikes in Pakistan

International Law and Drone Strikes in Pakistan

The Legal and Socio-political Aspects

  • Author: Sikander Ahmed Shah
  • Publisher: Routledge
  • ISBN: 1134074344
  • Category: Law
  • Page: 257
  • View: 3647
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While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

International Law

International Law

Theory and Practice : Essays in Honour of Eric Suy

  • Author: Eric Suy,Karel Wellens
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041105820
  • Category: Law
  • Page: 809
  • View: 1116
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Professor Suy occupies a prominent place in international law, both as an academic lawyer as well as the former Under-Secretary-General & Legal Counsel of the United Nations. His activities as a teacher, scholar, UN Legal Counsel, keynote speaker on many occasions & as a legal advisor to Belgian & foreign governmental authorities naturally led to the sub-divisions of this volume, such as the law of international organizations, the law of the European Union, the law of armed conflict, & the peaceful settlement of disputes. The contributions, all by friends of Eric Suy, present the vast panorama of his intellectual pursuits.

Blackstone's International Law Documents

Blackstone's International Law Documents

  • Author: Malcolm Evans
  • Publisher: Oxford University Press
  • ISBN: 0198802749
  • Category: International law
  • Page: 592
  • View: 8867
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Blackstone's Statutes have an unrivalled tradition of trust and quality, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Each title is: * Trusted: ideal for exam use * Practical: clear indexing aids navigation* Reliable: current, comprehensive coverage * Relevant: content reviewed to match your course Visit www.oxfordtextbooks.co.uk/orc/statutes/ for accompanying online resources, including video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.

Report of the Committee Against Torture: Forty-first Session (3-21 November 2008); Forty-second Session (27 April-15 May 2009)

Report of the Committee Against Torture: Forty-first Session (3-21 November 2008); Forty-second Session (27 April-15 May 2009)

  • Author: United Nations
  • Publisher: United Nations Publications
  • ISBN: 9789218201331
  • Category: Law
  • Page: 400
  • View: 2302
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The International Criminal Tribunal for the Former Yugoslavia 2001-2002

The International Criminal Tribunal for the Former Yugoslavia 2001-2002

  • Author: André Klip
  • Publisher: Intersentia nv
  • ISBN: 9050953972
  • Category: Law
  • Page: 1115
  • View: 8180
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This 8th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for the former Yugoslavia in 2001-2002. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 8)

Torture

Torture

A Collection

  • Author: Sanford Levinson
  • Publisher: Oxford University Press
  • ISBN: 9780198038573
  • Category: Political Science
  • Page: 328
  • View: 5507
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Torture is perhaps the most unequivocally banned practice in the world today. Yet recent photographs from Abu Ghraib substantiated claims that the United States and some of its allies are using methods of questioning relating to the war on terrorism that could be described as torture or, at the very least, as inhuman and degrading. In terror's wake, the use of such methods, at least under some conditions, has gained some prominent defenders, notably from within the White House. In this revised edition, Torture: A Collection brings together leading lawyers, political theorists, social scientists, and public intellectuals to debate the advisability of maintaining the absolute ban and to reflect on what it says about our societies if we do--or do not--adhere to it in all circumstances. New to this edition are essays by Charles Krauthammer and Andrew Sullivan on the adoption in 2005 of the McCain Amendment, which explicitly bars the use of torture and other cruel methods of interrogation.

The Palestine Yearbook of International Law, 1996-1997

The Palestine Yearbook of International Law, 1996-1997

  • Author: Academie de Droit International
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041110091
  • Category: Political Science
  • Page: 480
  • View: 893
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When the international legal community seeks definitive information and educated commentary on Palestinian issues it turns to "The Palestine Yearbook of International Law." The ninth volume contains - leading articles on the judicial review in Palestine, on water management, and on the status of Jerusalem; - the texts of Palestinian, Israeli, and U.S. legislation; - the texts of several reports on rights and claims of Moslems and Jews in connection with the Wailing Wall; - a selection of recent book reviews; and - a detailed bibliography. The charged nature of this field heightens the importance of access to quality information. The Palestine Yearbook of International Law supplies topical coverage on a wide range of issues in the field, making it a key resource for international practitioners and academics.