The United Nations Convention Against Torture and its Optional Protocol

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.

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 as Tort

Torture as Tort
Author: Craig M. Scott
Publisher: Hart Publishing
Total Pages: 776
Release: 2001-05
Genre: Law
ISBN: 1841130605

The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc.

The Treatment of Prisoners under International Law

The Treatment of Prisoners under International Law
Author: Nigel Rodley
Publisher: OUP Oxford
Total Pages: 750
Release: 2011-04-07
Genre: Law
ISBN: 0191550515

This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

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.

The Prohibition of Torture in Exceptional Circumstances

The Prohibition of Torture in Exceptional Circumstances
Author: Michelle Farrell
Publisher: Cambridge University Press
Total Pages: 295
Release: 2013-08-29
Genre: Political Science
ISBN: 1107292476

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.

The Transformation of the Prohibition of Torture in International Law

The Transformation of the Prohibition of Torture in International Law
Author: Lutz Oette
Publisher: Oxford University Press
Total Pages: 369
Release: 2024-06-04
Genre: Law
ISBN: 0198885768

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

The Signature of Evil

The Signature of Evil
Author: Steven Dewulf
Publisher:
Total Pages: 0
Release: 2011
Genre: Human rights
ISBN: 9781780680217

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.