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: 2688
DOWNLOAD NOW »
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 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: 4805
DOWNLOAD NOW »
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 Definition In International Law

Torture and Its Definition In International Law

An Interdisciplinary Approach

  • Author: Professor Metin Baso?lu
  • Publisher: Oxford University Press
  • ISBN: 0199374635
  • Category: Law
  • Page: 560
  • View: 4924
DOWNLOAD NOW »
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: Taylor & Francis
  • ISBN: 1317206479
  • Category: Psychology
  • Page: 414
  • View: 3864
DOWNLOAD NOW »
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: 1135115222
  • Category: Law
  • Page: 336
  • View: 3685
DOWNLOAD NOW »
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: 047205077X
  • Category: Law
  • Page: 318
  • View: 9945
DOWNLOAD NOW »
Legal prohibitions against torture cannot prevent state violence

A Mental Healthcare Model for Mass Trauma Survivors

A Mental Healthcare Model for Mass Trauma Survivors

Control-Focused Behavioral Treatment of Earthquake, War and Torture Trauma

  • Author: Metin Basoglu,Ebru Salcioglu
  • Publisher: Cambridge University Press
  • ISBN: 1139500813
  • Category: Psychology
  • Page: N.A
  • View: 8079
DOWNLOAD NOW »
Mass trauma events, such as natural disasters, war and torture, affect millions of people every year. Currently, there is no mental health care model with the potential to address the psychological needs of survivors in a cost-effective way. This book presents such a model, along with guidance on its implementation, making it invaluable for both policy-makers and mental health professionals. Building on more than twenty years of extensive research with mass trauma survivors, the authors present a model of traumatic stress to aid understanding of mass trauma and how its psychological impact can be overcome with control-focused behavioral treatment. This text offers a critical review of various controversial issues in the field of psychological trauma in light of recent research findings. Including two structured manuals on earthquake trauma, covering treatment delivery and self-help, the book will be of use to survivors themselves as well as care providers.

Torture and Its Consequences

Torture and Its Consequences

Current Treatment Approaches

  • Author: Metin Basoglu
  • Publisher: CUP Archive
  • ISBN: 9780521392990
  • Category: Medical
  • Page: 527
  • View: 7141
DOWNLOAD NOW »
A classic publication in this field which serves as a scholarly yet very practical resource.

This Side of Silence

This Side of Silence

Human Rights, Torture, and the Recognition of Cruelty

  • Author: Tobias Kelly
  • Publisher: University of Pennsylvania Press
  • ISBN: 9780812205237
  • Category: Political Science
  • Page: 232
  • View: 6142
DOWNLOAD NOW »
We are accustomed to thinking of torture as the purposeful infliction of cruelty by public officials, and we assume that lawyers and clinicians are best placed to speak about its causes and effects. However, it has not always been so. The category of torture is a very specific way of thinking about violence, and our current understandings of the term are rooted in recent twentieth-century history. In This Side of Silence, social anthropologist Tobias Kelly argues that the tensions between post-Cold War armed conflict, human rights activism, medical notions of suffering, and concerns over immigration have produced a distinctively new way of thinking about torture, which is saturated with notions of law and trauma. This Side of Silence asks what forms of suffering and cruelty can be acknowledged when looking at the world through the narrow legal category of torture. The book focuses on the recent history of Britain but draws wider comparative conclusions, tracing attempts to recognize survivors and perpetrators across the fields of asylum, criminal law, international human rights, and military justice. In this thorough and eloquent ethnography, Kelly avoids treating the legal prohibition of torture as the inevitable product of progress and yet does not seek to dismiss the real differences it has made in concrete political struggles. Based on extensive archival research and ethnographic fieldwork, the book argues that the problem of recognition rests not in the inability of the survivor to communicate but in our inability to listen and take responsibility for the injustice before us.

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: 9664
DOWNLOAD NOW »
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.

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: 3107
DOWNLOAD NOW »
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.

Targeted Killing in International Law

Targeted Killing in International Law

  • Author: Nils Melzer
  • Publisher: Oxford University Press on Demand
  • ISBN: 0199533164
  • Category: Law
  • Page: 468
  • View: 1647
DOWNLOAD NOW »
A comprehensive analysis into the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law, this book examines treaties, custom and general principles of law to determine the normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. Through an exhaustive analysis of recent state practice and jurisprudence, the book establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

Torture and Democracy

Torture and Democracy

  • Author: Darius Rejali
  • Publisher: Princeton University Press
  • ISBN: 1400830877
  • Category: Political Science
  • Page: 880
  • View: 1245
DOWNLOAD NOW »
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.

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: 8018
DOWNLOAD NOW »
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.

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: 3897
DOWNLOAD NOW »
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.

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: 5691
DOWNLOAD NOW »
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.

Torture Team

Torture Team

Uncovering War Crimes in the Land of the Free

  • Author: Philippe Sands
  • Publisher: Penguin UK
  • ISBN: 0141031328
  • Category: Political Science
  • Page: 368
  • View: 318
DOWNLOAD NOW »
After 9/11. George W. Bush's administration declared that they were going to have to work through 'the dark side'. And they did: they turned their backs on international law and on America's history of respecting human rights. They wanted only legal advice that made it okay to torture, and they made sure they got it. Voices of dissent were sidelined, while low level officials brainstormed interrogation techniques and took their lead from Jack Bauer in 24. In Torture Team, Philippe Sands tracks down and interviews those responsible, and makes a compelling case that, in an ugly blotch on Americda's recent past, war crimes were committed for which no one has yet been held to account.

Law, Liberty, and the Pursuit of Terrorism

Law, Liberty, and the Pursuit of Terrorism

  • Author: Roger Douglas
  • Publisher: University of Michigan Press
  • ISBN: 0472119095
  • Category: Political Science
  • Page: 320
  • View: 627
DOWNLOAD NOW »
In democratic states, the courts can help safeguard civil liberties against excessive legislative and executive efforts to combat terrorism

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: 5607
DOWNLOAD NOW »
Vol. II, Part 1.