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Author : Mitchell Woolf
Publisher : Unknown
Page : 320 pages
File Size : 53,6 Mb
Release : 2000
Category : Criminal jurisdiction
ISBN : STANFORD:36105063274968
8.3. Act of state
Author : Mitchell Woolf
Publisher : Unknown
Page : 302 pages
File Size : 42,5 Mb
Release : 2000
Category : Criminal jurisdiction
ISBN : OCLC:1244519938
Author : Richard Carver,Lisa Handley
Publisher : Oxford University Press
Page : 688 pages
File Size : 40,7 Mb
Release : 2016
Category : Law
ISBN : 9781781383308
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Author : Alfred W. McCoy
Publisher : University of Wisconsin Pres
Page : 423 pages
File Size : 49,5 Mb
Release : 2012-08-24
Category : Political Science
ISBN : 9780299288532
Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.
Author : Tyrell Haberkorn
Publisher : University of Wisconsin Pres
Page : 373 pages
File Size : 47,7 Mb
Release : 2018-01-09
Category : History
ISBN : 9780299314408
Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.
Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 514 pages
File Size : 43,8 Mb
Release : 2003-11-27
Category : Law
ISBN : 9781847312433
The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs
Author : Antony James William Taylor
Publisher : Nova Publishers
Page : 234 pages
File Size : 51,5 Mb
Release : 2006
Category : Law
ISBN : 159454915X
Psychologists in different tributaries of the discipline have long been preoccupied with aspects of 'Justice', but none previously has addressed the essential question raised in this book - namely of justice being as vital to the essentials of life and to the flowering of the human spirit as other basic needs. The same can be said for academics and practitioners in other disciplines in social science, as well as those in mental health and psychiatry. Although lawyers might come close to accepting the proposition, it seems to me that in the main their professional expertise is directed to the superficial maintenance of systems of justice rather than to the underlying reasons for doing so. This book, arising from academic, clinical, empirical, and theoretical studies, goes the further mile by giving justice its proper place in the hierarchy of basic human needs. It is designed in accord with a general systems theory in which contributions are welcomed from international scholars and researchers in different domains of knowledge. Above all, it is written in the hope of inducing others to share a commitment to justice and do their utmost to prevent injustice.
Author : Tine Destrooper,Sally Engle Merry
Publisher : University of Pennsylvania Press
Page : 296 pages
File Size : 54,9 Mb
Release : 2018-10-19
Category : Political Science
ISBN : 9780812250572
Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally—and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities. In Human Rights Transformation in Practice, editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing. Contributors: Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.
Author : William Cartwright
Publisher : BRILL
Page : 707 pages
File Size : 44,5 Mb
Release : 2023-10-09
Category : Law
ISBN : 9789004637832
This penetrating collection of papers, presents a wealth of detailed information on Mexico’s record in recent years in the realms of crime (especially drug trafficking), political corruption, and human rights abuses, and examines the links between these areas and Mexico’s well-known economic indicators. The authors, many of whom are Mexican, draw on a wide variety of domestic and international sources, including internal Mexican studies (both governmental and non-governmental), reports and studies from international organizations such as the United Nations and the Organization of American States, and reports from Human Rights Watch/Americas. Mexico: Facing the Challenges of Human Rights and Crime was sponsored by the International Human Rights Law Institute of DePaul University College of Law. Published under the Transnational Publishers imprint.
Author : Association pour la prévention de la torture (Genève),Center for Justice,International Law
Publisher : Unknown
Page : 198 pages
File Size : 50,8 Mb
Release : 2008
Category : Torture (International law)
ISBN : 2940337276
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 46,6 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : Jeremy Sarkin
Publisher : Bloomsbury Publishing USA
Page : 320 pages
File Size : 45,9 Mb
Release : 2008-11-30
Category : Political Science
ISBN : 9780313362576
More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.
Author : Naomi Roht-Arriaza
Publisher : Oxford University Press
Page : 413 pages
File Size : 52,5 Mb
Release : 1995-07-13
Category : Law
ISBN : 9780195359718
As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.
Author : James A. Green,Christopher P.M. Waters
Publisher : Martinus Nijhoff Publishers
Page : 251 pages
File Size : 52,5 Mb
Release : 2015-01-27
Category : Law
ISBN : 9789004261181
Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 896 pages
File Size : 49,6 Mb
Release : 2022-03-08
Category : Political Science
ISBN : 9781644211229
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
