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: Professor Metin Basoğlu
  • Publisher: Oxford University Press
  • ISBN: 0199374643
  • Category: Law
  • Page: 560
  • View: 1467
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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.

Psychological Torture

Psychological Torture

Definition, Evaluation and Measurement

  • Author: Pau Perez Sales
  • Publisher: Routledge
  • ISBN: 1317206460
  • Category: Psychology
  • Page: 434
  • View: 1552
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Sadly, it is highly likely that psychological torture is committed by governments worldwide and yet, notwithstanding the serious moral questions that this disturbing and elusive concept raises, and research in the area so limited, there is no operational or legal definition. This pioneering new book provides the first scientific definition and instrument to measure what it means to be tortured psychologically, as well as how allegations of psychological torture can be judged. Ground in cross-disciplinary research across psychology, anthropology, ethics, philosophy, law and medicine, the book is a tour de force which analyses the legal framework in which psychological torture can exist, the harrowing effects it can have on those who have experienced it, and the motivations and identities of those who perpetrate it. Integrating the voices both of those who have experienced torture as well as those who have committed it, the book defines what we mean by psychological torture, its aims and effects, as well as the moral and ethical debates in which it operates. Finally, the book builds on the Istanbul Protocol to provide a comprehensive new framework, including practical scales, that enables us to accurately measure psychological torture for the first time. This is an important and much-needed overview and analysis of an issue that many governments have sought to sweep under the carpet. Its accessibility and range of coverage make it essential reading not only for psychologists and psychiatrists interested in this field, but also human rights organizations, lawyers and the wider international community.

Reproductive Freedom, Torture and International Human Rights

Reproductive Freedom, Torture and International Human Rights

Challenging the Masculinisation of Torture

  • Author: Ronli Sifris
  • Publisher: Routledge
  • ISBN: 1135115214
  • Category: Law
  • Page: 336
  • View: 5838
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This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s reproductive freedom within the framework of the right to be free from torture. The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.

Understanding Torture

Understanding Torture

Law, Violence, and Political Identity

  • Author: John T. Parry
  • Publisher: University of Michigan Press
  • ISBN: 0472021788
  • Category: Political Science
  • Page: 318
  • View: 3190
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"John Parry's Understanding Torture is an important contribution to our understanding of how torture fits within the practices and beliefs of the modern state. His juxtaposition of the often indeterminate nature of the law of torture with the very specific state practices of torture is both startling and revealing." ---Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and author of Sacred Violence "Parry is effective in building, deploying, and supporting his argument . . . that the law does not provide effective protections against torture, but also that the law is in itself constitutive of a political order in which torture is employed to create---and to destroy or re-create---political identities.” ---Margaret Satterthwaite, Faculty Director of the Center for Human Rights and Global Justice and Associate Professor of Clinical Law, NYU School of Law "A beautifully crafted, convincingly argued book that does not shy away from addressing the legal and ethical complexities of torture in the modern world. In a field that all too often produces simple or superficial responses to what has become an increasingly challenging issue, Understanding Torture stands out as a sophisticated and intellectually responsible work." ---Ruth Miller, Associate Professor of History, University of Massachusetts, Boston Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of the state coercive apparatus. Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and--- critically---domination for the sake of domination. Seen in this way, Abu Ghraib sits on a continuum with contemporary police violence in U.S. cities; violent repression of racial minorities throughout U.S. history; and the exercise of power in a variety of political, social, and interpersonal contacts. Creating a separate category for an intentionally narrow set of practices labeled and banned as torture, Parry argues, serves to normalize and legitimate the remaining practices that are "not torture." Consequently, we must question the hope that law can play an important role in regulating state violence. No one who reads this book can fail to understand the centrality of torture in modern law, politics, and governance. John T. Parry is Professor of Law at Lewis & Clark Law School.

An Introduction to International Criminal Law and Procedure

An Introduction to International Criminal Law and Procedure

  • Author: Robert Cryer,Hakan Friman,Darryl Robinson
  • Publisher: Cambridge University Press
  • ISBN: 0521135818
  • Category: Law
  • Page: 618
  • View: 1124
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This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.

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: 1264
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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.

A Genealogy of the Torture Taboo

A Genealogy of the Torture Taboo

  • Author: Jamal Barnes
  • Publisher: Taylor & Francis
  • ISBN: 1351977741
  • Category: Political Science
  • Page: 208
  • View: 9664
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This book examines the historical genealogy of the torture taboo. The dissonance between the absolute prohibition against torture and its widespread violation raises important questions about the torture taboo in world politics. Does the torture taboo matter? Or are political realists correct in arguing that power politics rules? Barnes argues that despite the torture taboo’s violation, it still matters, and paradoxically, its strength can be seen by studying its violation. States hide, deny, re-define and outsource their torture, as well as torture without leaving marks to avoid being stigmatised as a norm violating state. Tracing a genealogy of the torture taboo from the eighteenth to the twenty-first century Barnes shows how the taboo has developed over time, and how violations have played an important role in that development. Through six historical and contemporary case studies, it is argued that the taboo’s humanitarian pressures do not cease when states violate the norm, but continue to shape actors in unexpected ways. Building upon the constructivist norm literature that has shown how norms shape state actions and interests, the book also widens our understanding of the complex role norm violations play in international society. Making a contribution to existing public debates on the use of torture in counter-terrorism policy, it will be of great use to scholars, postgraduates and practitioners in the fields of human rights, international relations theory (in particular constructivism), security studies and international law.

Torture and Its Consequences

Torture and Its Consequences

Current Treatment Approaches

  • Author: Metin Basoglu
  • Publisher: CUP Archive
  • ISBN: 9780521392990
  • Category: Medical
  • Page: 527
  • View: 484
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A classic publication in this field which serves as a scholarly yet very practical resource.

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: 1421403439
  • Category: Political Science
  • Page: 288
  • View: 1588
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Human Rights and Personal Self-Defense in International Law

Human Rights and Personal Self-Defense in International Law

  • Author: Jan Arno Hessbruegge
  • Publisher: Oxford University Press
  • ISBN: 019065502X
  • Category:
  • Page: 400
  • View: 7807
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Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.

Does Torture Prevention Work?

Does Torture Prevention Work?

  • Author: Richard Carver,Lisa Handley
  • Publisher: Oxford University Press
  • ISBN: 1781388687
  • Category: Law
  • Page: N.A
  • View: 4168
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In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

The Refugee in International Law

The Refugee in International Law

  • Author: Guy S. Goodwin-Gill,Jane McAdam
  • Publisher: Oxford University Press
  • ISBN: 0199281300
  • Category: Law
  • Page: 786
  • View: 9692
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The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

Torture and Democracy

Torture and Democracy

  • Author: Darius Rejali
  • Publisher: Princeton University Press
  • ISBN: 1400830877
  • Category: Political Science
  • Page: 880
  • View: 4593
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This is the most comprehensive, and most comprehensively chilling, study of modern torture yet written. Darius Rejali, one of the world's leading experts on torture, takes the reader from the late nineteenth century to the aftermath of Abu Ghraib, from slavery and the electric chair to electrotorture in American inner cities, and from French and British colonial prison cells and the Spanish-American War to the fields of Vietnam, the wars of the Middle East, and the new democracies of Latin America and Europe. As Rejali traces the development and application of one torture technique after another in these settings, he reaches startling conclusions. As the twentieth century progressed, he argues, democracies not only tortured, but set the international pace for torture. Dictatorships may have tortured more, and more indiscriminately, but the United States, Britain, and France pioneered and exported techniques that have become the lingua franca of modern torture: methods that leave no marks. Under the watchful eyes of reporters and human rights activists, low-level authorities in the world's oldest democracies were the first to learn that to scar a victim was to advertise iniquity and invite scandal. Long before the CIA even existed, police and soldiers turned instead to "clean" techniques, such as torture by electricity, ice, water, noise, drugs, and stress positions. As democracy and human rights spread after World War II, so too did these methods. Rejali makes this troubling case in fluid, arresting prose and on the basis of unprecedented research--conducted in multiple languages and on several continents--begun years before most of us had ever heard of Osama bin Laden or Abu Ghraib. The author of a major study of Iranian torture, Rejali also tackles the controversial question of whether torture really works, answering the new apologists for torture point by point. A brave and disturbing book, this is the benchmark against which all future studies of modern torture will be measured.

Targeted Killing in International Law

Targeted Killing in International Law

  • Author: Nils Melzer
  • Publisher: OUP Oxford
  • ISBN: 0191029874
  • Category: Law
  • Page: 528
  • View: 6753
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This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.

Events: The Force of International Law

Events: The Force of International Law

  • Author: Fleur Johns,Richard Joyce,Sundhya Pahuja
  • Publisher: Routledge
  • ISBN: 1136920293
  • Category: Law
  • Page: 312
  • View: 1455
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Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

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: 8483
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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: 2072
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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.

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: 5934
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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 United Nations Convention Against Torture

The United Nations Convention Against Torture

A Handbook on the Convention Against Torture and Other Cruel, Inhuman, Or Degrading Treatment Or Punishment

  • Author: J. Hermann Burgers
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789024736096
  • Category: Political Science
  • Page: 271
  • View: 5899
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This book provides a complete overview of the drafting process of the United Nations Convention on the Rights of the Child which was unanimously adopted by the General Assembly of the UN on 20 November 1989. Chapter I by Nigel Cantwell, gives the reader an introductory look at the drafting process of the Convention within the context of the United Nations. Chapter II is a compilation of the main United Nations documents concerning the drafting of the convention. Part A deals with the futher development of the Polish proposal at the thirty-fourth session of the Commission on Human Rights to conclude a convention on the rights of the child. Parts B & C consist, respectively, of an article-by-article compilation of the general considerations made by the open-ended Working Group regarding the Convention during its eleven sessions (1979-1989). Chapter III , by Jaap Doek, concludes with observations concerning the ratification & -- effective -- implementation of the Convention which entered into force on 2 September 1990. The Appendix contains an exhaustive listing of all relevant United Nations documents. It further contains the official attendance lists of the open-ended Working Group. This important book will aid those concerned to achieve a better understanding of the provisions of the Convention.