The United Nations Convention Against Torture

The United Nations Convention Against Torture
Author: Manfred Nowak
Publisher: Oxford University Press, USA
Total Pages: 1649
Release: 2008
Genre: Law
ISBN: 9780199280001

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.

Research Handbook on Torture

Research Handbook on Torture
Author: Malcolm D. Evans
Publisher: Edward Elgar Publishing
Total Pages: 608
Release: 2020-12-25
Genre: Law
ISBN: 1788113969

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.

Torture and Its Definition in International Law

Torture and Its Definition in International Law
Author: Metin Baolu
Publisher: Oxford University Press
Total Pages: 571
Release: 2017
Genre: Law
ISBN: 0199374627

This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

Reproductive Freedom, Torture and International Human Rights

Reproductive Freedom, Torture and International Human Rights
Author: Ronli Sifris
Publisher: Routledge
Total Pages: 333
Release: 2013-12-13
Genre: Law
ISBN: 1135115222

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.

Torture

Torture
Author: Sanford Levinson
Publisher: Oxford University Press
Total Pages: 326
Release: 2004-10-28
Genre: Political Science
ISBN: 0199883866

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.

Does Torture Prevention Work?

Does Torture Prevention Work?
Author: Richard Carver
Publisher: Oxford University Press
Total Pages: 688
Release: 2016
Genre: Law
ISBN: 1781383308

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 Death Penalty as Torture

The Death Penalty as Torture
Author: John D. Bessler
Publisher:
Total Pages: 0
Release: 2017
Genre: Capital punishment
ISBN: 9781611639261

The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards and a finalist in the Eric Hoffer Book Awards (2018). During the Dark Ages and the Renaissance, Europe's monarchs often resorted to torture and executions. The pain inflicted by instruments of torture--from the thumbscrew and the rack to the Inquisition's tools of torment--was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English "Bloody Code" made more than 200 crimes punishable by death, and judicial torture--expressly authorized by law and used to extract confessions--permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria--the father of the world's anti-death penalty movement--condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of "lawful sanctions," some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which "mock" or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries--one of the products of the Enlightenment--now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty's use.