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Author : Michelle Farrell
Publisher : Unknown
Page : 277 pages
File Size : 45,8 Mb
Release : 2013
Category : Torture (International law)
ISBN : 1139892274
Reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.
Author : Dr Michelle Farrell
Publisher : Unknown
Page : 296 pages
File Size : 53,8 Mb
Release : 2014-05-14
Category : Electronic
ISBN : 110729407X
Based on the author's thesis (doctoral)--National University of Ireland Galway, 2011, under title: On torture.
Author : Michelle Farrell
Publisher : Cambridge University Press
Page : 295 pages
File Size : 54,8 Mb
Release : 2013-08-29
Category : Law
ISBN : 9781107030794
This book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.
Author : Michelle Farrell
Publisher : Cambridge University Press
Page : 295 pages
File Size : 54,8 Mb
Release : 2013-08-29
Category : Political Science
ISBN : 9781107292475
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.
Author : Association pour la prévention de la torture (Genève),Center for Justice,International Law
Publisher : Unknown
Page : 198 pages
File Size : 47,9 Mb
Release : 2008
Category : Torture (International law)
ISBN : 2940337276
Author : H. Danelius,Herman Burgers
Publisher : BRILL
Page : 283 pages
File Size : 41,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478305
Author : Yuval Ginbar
Publisher : Oxford University Press on Demand
Page : 449 pages
File Size : 40,8 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780199540914
The book addresses a dilemma at the heart of the 'War on Terror': is it ever justifiable to torture terrorists in order to save the lives of innocent civilians; the so-called 'ticking bomb' scenario?The book first analyzes the ticking bomb dilemma as a pure moral one, facing the individual would-be torturer. A 'never-say-never' utilitarian position is pitted against a 'minimal absolutist' view that some acts are never justifiable, and that torture is one such act.It then looks at the issues that arise once a state has decided to sanction torture in extreme situations: when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combatting terrorism in the shorter and longer runs.Four models of legalized torture are next examined-including current ones in Israel and the USA and the idea of torture warrants.Finally, related legal issues are analyzed; among them the lawfulness of coercive interrogation under international law and attempts to allow torture 'only' after the fact, for instance by applying the criminal law defence of necessity.A 'minimal absolutist' view - under which torture, whether by private individuals or by state officials, must be prohibited absolutely in law, policy and practice, and allowing no exceptions for ticking bomb situations - is defended throughout.
Author : Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero
Publisher : Springer Nature
Page : 429 pages
File Size : 45,9 Mb
Release : 2022-01-03
Category : Education
ISBN : 9783030846473
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author : Association pour la prévention de la torture (Genève)
Publisher : Unknown
Page : 23 pages
File Size : 40,5 Mb
Release : 2007
Category : Electronic
ISBN : 2940337160
Author : Manfred Nowak,Moritz Birk,Giuliana Monina
Publisher : Oxford University Press
Page : 1361 pages
File Size : 42,7 Mb
Release : 2019
Category : Law
ISBN : 9780198846178
"Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Author : Eva Brems,Janneke Gerards
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,5 Mb
Release : 2014-01-23
Category : Political Science
ISBN : 9781107729698
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Author : Karen J. Greenberg
Publisher : Cambridge University Press
Page : 440 pages
File Size : 42,9 Mb
Release : 2005-11-21
Category : Law
ISBN : 1139447033
As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.
Author : Sanford Levinson
Publisher : Oxford University Press
Page : 326 pages
File Size : 55,6 Mb
Release : 2006
Category : Philosophy
ISBN : 9780195306460
This collection of essays will address some of the most controversial issues surrounding torture: how it is used by governments, legal definitions of torture, the theological implications of torturing, torture in declared states of emergency and why it should be prohibited.
Author : Manfred Nowak
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 45,8 Mb
Release : 2016
Category : POLITICAL SCIENCE
ISBN : 9781784715274
While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
Author : Ilias Bantekas,Lutz Oette
Publisher : Cambridge University Press
Page : 1033 pages
File Size : 54,5 Mb
Release : 2024-02-15
Category : Political Science
ISBN : 9781009306393
Now in its fourth edition, Bantekas and Oette's textbook on international human rights law is the key text around the globe for both undergraduate- and graduate-level courses in law and other disciplines with a human rights dimension. It covers theoretical approaches to rights as well its practice, from grassroots activism to strategic litigation. In addition to classical topics of human rights, the book includes chapters on the interface between investment/trade and human rights, terrorism, the protection of vulnerable persons (such as LGBTQIA+, persons with disabilities, older persons and others), the rights of women, international criminal and humanitarian law, the right to development and sustainable development, reparations and victims' rights, and many others. It has been widely adopted by instructors across the globe for LLM/JD and LLB courses.