The Transnational Use of Torture Evidence
| Author | : Aurélia Ernst |
| Publisher | : |
| Total Pages | : 348 |
| Release | : 2015-12-28 |
| Genre | : |
| ISBN | : 9783831645091 |
Transnational Use Of Torture Evidence
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Transnational Torture
| Author | : Jinee Lokaneeta |
| Publisher | : NYU Press |
| Total Pages | : 305 |
| Release | : 2014-06-22 |
| Genre | : Law |
| ISBN | : 1479816957 |
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
The Transnational Practice and Regulation of Torture in the American 'War on Terror'
| Author | : Alan William Clarke |
| Publisher | : |
| Total Pages | : 394 |
| Release | : 2010 |
| Genre | : Prisoners of war |
| ISBN | : |
U.S. use of torture and inhumane and degrading treatment in interrogating prisoners in the war on terror is well established. Linked to earlier harsh practices by the intelligence establishment, the U.S. established a torture culture in response to the "war on terrorism." So-called "harsh" or "alternative" interrogation techniques came to be accepted practices in the treatment of detainees. We have come to understand that, despite denials, this means using torture as an interrogation technique. Furthermore, revelations that the National Security Council, sitting in formal session, and with the specific approval by President Bush, micromanaged the interrogation of "high value" detainees, provides legal and political cover such that domestic and international prosecution will be difficult, if not impossible. Moreover, passage of the Military Commissions Act of 2006 (MCA) retroactively excused certain potential breaches of the Geneva Conventions and provided some, but not absolute, insulation from prosecution by domestic courts. These specific interrogation techniques were vetted, case-by-case, in minute detail, by the nation's highest lawyers, and approved at the very top. Regardless of any potential gaps left by the MCA, domestic courts will not likely find that following such orders were "manifestly unlawful" as the law has developed since Nuremberg. Other nations will likely find it politically inexpedient to prosecute either high-level U.S. officials or low-level governmental employees. Thus, the U.S. may succeed in an end-run around any exercise of universal jurisdiction by any of the world's courts. However, this has not been without cost, and international pressures are combining to bring these practices to a halt. Finally, The United States knowingly and intentionally rendered people, some of whom were innocent of any connection to terrorism, to torture. Others simply disappeared. While the United States steadfastly denies that it rendered people to torture, evidence continues to accumulate that it indeed did so. These renditions have caused multiple legal, political and international problems for the United States. Although the Obama administration maintains the right to continue with extraordinary renditions, these international and domestic pressures make continuance of the Bush program unlikely.
The United Nations Convention Against Torture and its Optional Protocol
| Author | : Manfred Nowak |
| Publisher | : Oxford University Press |
| Total Pages | : 1376 |
| Release | : 2019-12-19 |
| Genre | : Law |
| ISBN | : 019258507X |
The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Chile, Evidence of Torture
| Author | : Amnesty International |
| Publisher | : Nicholson |
| Total Pages | : 92 |
| Release | : 1983 |
| Genre | : Law |
| ISBN | : |
Torture as Tort
| Author | : Craig Martin Scott |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 776 |
| Release | : 2001-05-22 |
| Genre | : Law |
| ISBN | : 1847311083 |
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. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
The Admissibility of Evidence Obtained by Torture Under International Law
| Author | : Tobias Thienel |
| Publisher | : |
| Total Pages | : |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
The article presents a survey of the international legal issues raised by the use of evidence obtained by torture, which concern not only the procedural right to a fair trial, but also play a part in protection from the abhorrence of torture itself. In this discussion, the author passes comment on the recent English decisions in the case of A and Others. The question of the admissibility of such evidence is broken down into several different cases. All those cases come within the exclusionary rule of Article 15 of the UN Convention against Torture. The article further argues that the inadmissibility is also comprehensive under the right to a fair trial, having regard to the right against self-incrimination and to the unreliability of statements obtained by torture. It is also argued that this exclusionary rule is part of customary international law and that the very concept of jus cogens obliges all states to distance themselves from any violation of its substantive content and to therefore refuse to accept any evidence obtained by torture. The article therefore exposes the exclusionary rule as coextensive with the prohibition of torture and as a function of this prohibition.
International and Transnational Criminal Law
| Author | : David Luban |
| Publisher | : Aspen Publishing |
| Total Pages | : 1853 |
| Release | : 2023-09-15 |
| Genre | : Law |
| ISBN | : 1543847102 |
International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.
Globalizing Torture
| Author | : |
| Publisher | : Open Society Inst |
| Total Pages | : 212 |
| Release | : 2013 |
| Genre | : Political Science |
| ISBN | : 9781936133758 |
Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine 'black sites' using torture techniques. This report is the most comprehensive account yet assembled of the human rights abuses associated with secret detention and extraordinary rendition operations. It details for the first time the number of known victims, and lists the foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, this report makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
