the treatment of prisoners under international law

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The Treatment Of Prisoners Under International Law

Author : Nigel Rodley
ISBN : 9780199215072
Genre : Law
File Size : 86. 35 MB
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This book deals with atrocities that are committed against people who cannot defend themselves: torture, murder, enforced disappearance. It also deals with similar practices such as corporal punishment and the death penalty. It incorporates a lot of new material including treaties and case law from international and national courts.

The Treatment Of Prisoners Under International Law

Author : Nigel Rodley
ISBN : 9780191550515
Genre : Law
File Size : 84. 80 MB
Format : PDF
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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 the previous editions. Central to most of the chapters is 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.

The Treatment Of Prisoners Under International Law

Author : Nigel Rodley
ISBN : 9780191024504
Genre : Law
File Size : 35. 40 MB
Format : PDF, ePub
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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.

The Treatment Of Prisoners Under International Law

Author : Nigel S. Rodley
ISBN : 0198255632
Genre : Political Science
File Size : 63. 91 MB
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Triggered by the atrocities of World War II, the last few decades have seen an increasing international awareness of the persistence of such practices as torture, abduction and arbitrary, summary, and extrajudical execution committed or tolerated by state agents or officials. The government of the world have, through intergovernmental bodies such as the United Nations, been developing a complex and sophisticated set of rules aimed at ensuring the humane treatment of prisoners and allowing intercedence on behalf of prisoners whose personal saftey is at risk. This book describes and analyzes the main principles of international law that impose limitations on the ways governments may treat those they deprive of liberty.

Prisoners Of The International Community

Author : Denis Abels
ISBN : 9789067048873
Genre : Law
File Size : 29. 21 MB
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Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals’ jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law’s underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals’ sentences. In respect of substantive law, it examines the detainees’ right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals’ detention law, particularly because it is the first monograph written on the topic.

The Treatment Of Combatants And Insurgents Under The Law Of Armed Conflict

Author : Emily Crawford
ISBN : 9780199578962
Genre : History
File Size : 25. 55 MB
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On the recent US treatment of detainees in Guantanamo Bay in the "War on Terror", this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied. Readership: Scholars of international humanitarian law, international human rights law, and international criminal law; post-graduate students; practitioners in these areas.

Torture And Its Definition In International Law

Author : Metin Basoglu
ISBN : 9780199374625
Genre : Law
File Size : 70. 16 MB
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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.

The Treatment Of Prisoners

Author : J. L. Murdoch
ISBN : 9789287159274
Genre : Law
File Size : 39. 95 MB
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At the start of the 21st century, some 2 million Europeans were detained against their will in prisons, police stations, mental health institutions or other detention centres. It is generally recognised that protection against the arbitrary deprivation of liberty and the prevention of ill-treatment reflect the extent to which states respect human rights and human dignity, when these can be jeopardised by demands for security and efficiency. This book describes the European system for the protection of people deprived of their liberty and how this has evolved over the past fifty years. It discusses the different initiatives taken by the Council of Europe in this area, of which the European Convention on Human Rights and the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are the most significant.

Prisoners Of War

Author : Arnold Krammer
ISBN : 0275993000
Genre : History
File Size : 74. 24 MB
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Krammer examines the history of prisoners of war from biblical times to the modern era. The narrative is supported by primary documents, biographies of relevant participants in history, and a bibliography to serve as a springboard for additional research.

The Invisible Hook

Author : Peter T. Leeson
ISBN : 1400829860
Genre : Business & Economics
File Size : 77. 96 MB
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Pack your cutlass and blunderbuss--it's time to go a-pirating! The Invisible Hook takes readers inside the wily world of late seventeenth- and early eighteenth-century pirates. With swashbuckling irreverence and devilish wit, Peter Leeson uncovers the hidden economics behind pirates' notorious, entertaining, and sometimes downright shocking behavior. Why did pirates fly flags of Skull & Bones? Why did they create a "pirate code"? Were pirates really ferocious madmen? And what made them so successful? The Invisible Hook uses economics to examine these and other infamous aspects of piracy. Leeson argues that the pirate customs we know and love resulted from pirates responding rationally to prevailing economic conditions in the pursuit of profits. The Invisible Hook looks at legendary pirate captains like Blackbeard, Black Bart Roberts, and Calico Jack Rackam, and shows how pirates' search for plunder led them to pioneer remarkable and forward-thinking practices. Pirates understood the advantages of constitutional democracy--a model they adopted more than fifty years before the United States did so. Pirates also initiated an early system of workers' compensation, regulated drinking and smoking, and in some cases practiced racial tolerance and equality. Leeson contends that pirates exemplified the virtues of vice--their self-seeking interests generated socially desirable effects and their greedy criminality secured social order. Pirates proved that anarchy could be organized. Revealing the democratic and economic forces propelling history's most colorful criminals, The Invisible Hook establishes pirates' trailblazing relevance to the contemporary world.

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