the treatment of prisoners under international law

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The Treatment Of Prisoners Under International Law

Author : Nigel Rodley
ISBN : 9780191550515
Genre : Law
File Size : 23. 33 MB
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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.

Weapons Under International Human Rights Law

Author : Stuart Casey-Maslen
ISBN : 9781107729292
Genre : Law
File Size : 77. 67 MB
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International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.

Medicine Betrayed

Author : British Medical Association
ISBN : 1856491048
Genre : Political Science
File Size : 51. 70 MB
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The Local Relevance Of Human Rights

Author : Koen De Feyter
ISBN : 9781139501552
Genre : Political Science
File Size : 55. 80 MB
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Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Police Use Of Force Under International Law

Author : Stuart Casey-Maslen
ISBN : 9781316510025
Genre : Law
File Size : 70. 54 MB
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Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.

Contrasting Prisoners Rights

Author : Liora Lazarus
ISBN : 0199259836
Genre : Political Science
File Size : 20. 33 MB
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This work aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with prisoners' rights in Germany. The systems are compared and placed against a wider social background, and the methodological problems of comparative law are considered.

Diplomacy Of Conscience

Author : Ann Marie Clark
ISBN : 1400824222
Genre : Political Science
File Size : 56. 63 MB
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A small group founded Amnesty International in 1961 to translate human rights principles into action. Diplomacy of Conscience provides a rich account of how the organization pioneered a combination of popular pressure and expert knowledge to advance global human rights. To an extent unmatched by predecessors and copied by successors, Amnesty International has employed worldwide publicity campaigns based on fact-finding and moral pressure to urge governments to improve human rights practices. Less well known is Amnesty International's significant impact on international law. It has helped forge the international community's repertoire of official responses to the most severe human rights violations, supplementing moral concern with expertise and conceptual vision. Diplomacy of Conscience traces Amnesty International's efforts to strengthen both popular human rights awareness and international law against torture, disappearances, and political killings. Drawing on primary interviews and archival research, Ann Marie Clark posits that Amnesty International's strenuously cultivated objectivity gave the group political independence and allowed it to be critical of all governments violating human rights. Its capacity to investigate abuses and interpret them according to international standards helped it foster consistency and coherence in new human rights law. Generalizing from this study, Clark builds a theory of the autonomous role of nongovernmental actors in the emergence of international norms pitting moral imperatives against state sovereignty. Her work is of substantial historical and theoretical relevance to those interested in how norms take shape in international society, as well as anyone studying the increasing visibility of nongovernmental organizations on the international scene.

Human Rights And Policing

Author : Ralph Crawshaw
ISBN : 9789004154377
Genre : Political Science
File Size : 79. 8 MB
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This is a second, thoroughly revised and expanded edition of a book that has four clear objectives: to provide a concise account and analysis of international human rights and humanitarian law standards relevant to policing; to set out arguments for compliance with those standards; to show how they may be met in two key areas of policing, interviewing suspects of crime, and policing in times of armed conflict, disturbance and tension; and to make practical recommendations on the management of police agencies. Good practice on interviewing suspects and on policing conflict is included because they are areas of policing where human rights are most at risk. Good management practice is included because intelligent management by enlightened leaders is necessary to secure effective, lawful and humane policing.

The Other Face Of The Canary Islands Rights Against Migrants And Asylum Seekers

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Promises Of States Under International Law

Author : Christian Eckart
ISBN : 9781847318787
Genre : Law
File Size : 24. 17 MB
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Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

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