Torture and Its Definition in International Law

Torture and Its Definition in International Law
Author: Metin Baolu
Publisher: Oxford University Press
Total Pages: 571
Release: 2017
Genre: Law
ISBN: 0199374627

This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

The United Nations Convention Against Torture

The United Nations Convention Against Torture
Author: Manfred Nowak
Publisher: Oxford University Press, USA
Total Pages: 1649
Release: 2008
Genre: Law
ISBN: 9780199280001

This volume provides a thorough commentary on the articles of the Convention against Torture, with historical context and analysis of relevant case law from monitoring bodie and international, regional and domestic courts.

Psychological Torture

Psychological Torture
Author: Pau Perez Sales
Publisher: Taylor & Francis
Total Pages: 434
Release: 2016-11-03
Genre: Psychology
ISBN: 1317206479

Sadly, it is highly likely that psychological torture is committed by governments worldwide and yet, notwithstanding the serious moral questions that this disturbing and elusive concept raises, and research in the area so limited, there is no operational or legal definition. This pioneering new book provides the first scientific definition and instrument to measure what it means to be tortured psychologically, as well as how allegations of psychological torture can be judged. Ground in cross-disciplinary research across psychology, anthropology, ethics, philosophy, law and medicine, the book is a tour de force which analyses the legal framework in which psychological torture can exist, the harrowing effects it can have on those who have experienced it, and the motivations and identities of those who perpetrate it. Integrating the voices both of those who have experienced torture as well as those who have committed it, the book defines what we mean by psychological torture, its aims and effects, as well as the moral and ethical debates in which it operates. Finally, the book builds on the Istanbul Protocol to provide a comprehensive new framework, including practical scales, that enables us to accurately measure psychological torture for the first time. This is an important and much-needed overview and analysis of an issue that many governments have sought to sweep under the carpet. Its accessibility and range of coverage make it essential reading not only for psychologists and psychiatrists interested in this field, but also human rights organizations, lawyers and the wider international community.

Torture and Its Definition In International Law

Torture and Its Definition In International Law
Author: Professor Metin Basoğlu
Publisher: Oxford University Press
Total Pages: 571
Release: 2017-08-15
Genre: Medical
ISBN: 0199374635

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.

Mainstreaming Torture

Mainstreaming Torture
Author: Rebecca Gordon
Publisher: Oxford University Press, USA
Total Pages: 227
Release: 2014
Genre: Philosophy
ISBN: 0199336431

The terrorist attacks of September 11, 2001 reopened what many Americans had assumed was a settled ethical question: Is torture ever morally permissible? Rebecca Gordon argues that institutionalized state torture remains as wrong today as it was before those terrible attacks, and shows how U.S. practices during the ''war on terror'' are rooted in a history that includes support for torture regimes abroad and for the use of torture in the jails and prisons of this country.

Does Torture Prevention Work?

Does Torture Prevention Work?
Author: Richard Carver
Publisher: Oxford University Press
Total Pages: 688
Release: 2016
Genre: Law
ISBN: 1781383308

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.

Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court
Author: Julie Fraser
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2020-10-30
Genre: Law
ISBN: 1839107308

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.