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A Genealogy of the Torture Taboo by Jamal Barnes Pdf
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Introduction -- 1 Abolishing torture -- 2 The taboo and the fear of regression -- 3 The Nuremburg Trials and the Universal Declaration -- 4 Decolonisation and the UN Convention Against Torture -- 5 The politics of the definition of torture -- 6 Torture and the 'war on terror' -- Conclusion -- Index
Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.
Author : Rory Cox,Faye Donnelly,Anthony F. Lang Jr. Publisher : Taylor & Francis Page : 301 pages File Size : 44,9 Mb Release : 2022-10-27 Category : Political Science ISBN : 9781000725926
Contesting Torture by Rory Cox,Faye Donnelly,Anthony F. Lang Jr. Pdf
This edited volume seeks to contest prevailing assumptions about torture and to consider why, despite its illegality, torture continues to be widely employed and misrepresented. The resurgence of torture and public justifications of it led to the central questions that this inter-disciplinary volume seeks to address: How is it possible for torture to be practiced when it is legally prohibited? What kinds of moves do agents make that render torture palatable? Why do so many ignore the evidence that torture is ineffective as an intelligence-gathering technique? Who are the victims of torture? The various contributors in the book look to history, the practices of interrogators, artistic representations, documentary films, rendition policies, political campaigns, diplomatic discourses, international legal rules, refugee practices, and cultural representations of death and the body to illuminate how torture becomes permissible. Building from the personal to the communal, and from the practical to the conceptual, the volume reflects the multivalence of torture itself. This framework enables readers at all levels better appreciate how and why torture is open to so many interpretations and applications. This book will be of much interest to students of International Relations, Security Studies, Terrorism Studies, Ethics, and International Legal Studies.
The Transformation of the Prohibition of Torture in International Law by Lutz Oette Pdf
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.
Legislating Morality in America by Donald P. Haider-Markel Pdf
This title undertakes an impartial, authoritative, and in-depth examination of the moral arguments and ideas behind the laws and policies that govern personal, corporate, and government behavior in the United States. This A–Z encyclopedia surveys the moral arguments that provide the foundation for many of the most important and/or divisive laws, policies, and beliefs that govern modern American society. The work discusses such controversial and important issues as abortion, civil rights, drugs and alcohol, euthanasia, guns, hate crimes, immigration, immunization, natural resource use and protection, prostitution, same-sex marriage, and workplace laws. In the process of surveying historical and current beliefs about appropriate legislative responses to these issues, this work will help readers to understand how conservative and liberal conceptions of justice, fairness, and morality are at the center of so many hot-button political and social issues in 21st century America. The essays featured in the volume cover wide-ranging and controversial topics related to constitutional and religious freedoms, crime and punishment, sexuality and reproduction, environmental protection and public health, national security and civil liberties, social welfare programs, and education.
Tracing Value Change in the International Legal Order by Krieger Pdf
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
The New Normal explores the relation between the subject and the state after the events of 9/11 that left the world stunned. It looks at this relation through the lens of trauma for the mind, biopolitics for the body and visuality for the body politic. This interpretive frame helps examine how the 9/11 violence created a moment where the mind, body and body politic could be redefined after 9/11. In an important theoretical intervention into 21st-century American Studies, it asks what the relation between the state and those it expels from its citizenry is. It makes a special mention of sites of incarceration such as Guantanamo Bay and Abu Ghraib as 9/11 phenomena. While referring to sources as diverse as 9/11 poetry, political and presidential speeches, journalistic accounts, atrocity photographs, and theories of trauma, biopolitics and visuality, the book argues for the presence of a new normal.
Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez
Author : Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez Publisher : Oxford University Press Page : 305 pages File Size : 53,5 Mb Release : 2023-07-20 Category : Law ISBN : 9780198873235
International Norm Disputes by Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez Pdf
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
US Counterterrorism and the Human Rights of Foreigners Abroad by Monika Heupel,Caiden Heaphy,Janina Heaphy Pdf
This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.
International Norms and the Resort to War by Gregory A. Raymond Pdf
This book offers a fresh perspective on timeless questions concerning anarchy and order, power and principle, and public and private morality, by taking a novel approach to the study of the onset of war. Rather than looking at the distribution of wealth, military might, or other material capabilities to explain the onset of war, this book focuses instead on how international norms affect the use of military force. Critical of the realist assumption that international legal norms are unable to curb hostilities without a powerful central authority to enforce their injunctions, it contends that the normative context within which national leaders act sets the tone for world politics by communicating commonly accepted understandings about the limits of permissible action. Using quantitative analyses of the relationships between war-initiation norms and various types of armed conflict, the author calls into question realist beliefs regarding international norms, demonstrating that restrictive normative orders reduce the likelihood of war.
Author : Neil A. Englehart Publisher : Taylor & Francis Page : 209 pages File Size : 40,5 Mb Release : 2017-05-08 Category : Political Science ISBN : 9781315408217
Sovereignty, State Failure and Human Rights by Neil A. Englehart Pdf
This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.
Human Rights and the Dark Side of Globalisation by Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen Pdf
This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.
Understanding Statelessness by Tendayi Bloom,Katherine Tonkiss,Phillip Cole Pdf
Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
Extraordinary Rendition by Elspeth Guild,Didier Bigo,Mark Gibney Pdf
The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding European Union Member States’ complicity with the CIA and their incompatibility with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability in the EU, and identifies significant obstacles to further accountability in a selection of EU member states under investigation. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.
