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The Treatment of Prisoners under International Law

The Treatment of Prisoners under International Law PDF Author: Nigel Rodley
Publisher: OUP Oxford
ISBN: 0191550515
Category : Law
Languages : en
Pages : 750

Book Description
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 this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, 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.

The Treatment of Prisoners under International Law

The Treatment of Prisoners under International Law PDF Author: Nigel Rodley
Publisher: OUP Oxford
ISBN: 0191550515
Category : Law
Languages : en
Pages : 750

Book Description
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 this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, 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.

The Protection of Human Rights in the Administration of Criminal Justice

The Protection of Human Rights in the Administration of Criminal Justice PDF Author: Alfred de Zayas
Publisher: BRILL
ISBN: 9004636307
Category : Law
Languages : en
Pages : 530

Book Description
This compilation brings together all the relevant procedural norms and standards applicable to criminal processes, whether national, regional, or international. The instruments are systematically arranged, and the category listing is in chronological order. The procedural instruments are exhaustive, providing the reader with a single comprehensive source for all these norms and standards. Published under the Transnational Publishers imprint.

Imprisonment Worldwide

Imprisonment Worldwide PDF Author: Coyle, Andrew
Publisher: Policy Press
ISBN: 144733177X
Category : Social Science
Languages : en
Pages : 180

Book Description
How many people are imprisoned across the globe? What factors can help explain variations in the use of imprisonment in different countries? What ethical considerations should apply to the way imprisonment is used? Providing a comprehensive account of prison populations worldwide, this new work links prison statistics from the last 15 years with considerations of how prisons and prison populations are managed. With commentary from its well-known, respected authors on what is meant by an ethical approach to the use of imprisonment, and how this can be sustained in ever more challenging social, economic and political environments, this book is a major contribution to the knowledge of those currently debating prisons and the use of imprisonment, whether from academic, policy, practitioner, activist or lay perspectives. Its accessible, informative infographics also make it an engaging read and a valuable teaching resource for undergraduate and postgraduate courses in criminology, law, political science and public policy.

The United Nations Convention Against Corruption

The United Nations Convention Against Corruption PDF Author: Cecily Rose
Publisher: Oxford University Press
ISBN: 0192528300
Category : Law
Languages : en
Pages : 1050

Book Description
The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.

International Law in the Transition to Peace

International Law in the Transition to Peace PDF Author: Carina Lamont
Publisher: Routledge
ISBN: 1000473252
Category : Law
Languages : en
Pages : 245

Book Description
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

Preventing Chemical Weapons

Preventing Chemical Weapons PDF Author: Lijun Shang
Publisher: Royal Society of Chemistry
ISBN: 1782626492
Category : History
Languages : en
Pages : 672

Book Description
The life and chemical sciences are in the midst of a period of rapid and revolutionary transformation that will undoubtedly bring societal benefits but also have potentially malign applications, notably in the development of chemical weapons. Such concerns are exacerbated by the unstable international security environment and the changing nature of armed conflict, which could fuel a desire by certain States to retain and use existing chemical weapons, as well as increase State interest in creating new weapons; whilst a broader range of actors may seek to employ diverse toxic chemicals as improvised weapons. Stark indications of the multi-faceted dangers we face can be seen in the chemical weapons attacks against civilians and combatants in Iraq and Syria, and also in more targeted chemical assassination operations in Malaysia and the UK. Using a multi-disciplinary approach, and drawing upon an international group of experts, this book analyses current and likely near-future advances in relevant science and technology, assessing the risks of their misuse. The book examines the current capabilities, limitations and failures of the existing international arms control and disarmament architecture – notably the Chemical Weapons Convention – in preventing the development and use of chemical weapons. Through the employment of a novel Holistic Arms Control methodology, the authors also look beyond the bounds of such treaties, to explore the full range of international law, international agreements and regulatory mechanisms potentially applicable to weapons employing toxic chemical agents, in order to develop recommendations for more effective routes to combat their proliferation and misuse. A particular emphasis is given to the roles that chemical and life scientists, health professionals and wider informed activist civil society can play in protecting the prohibition against poison and chemical weapons; and in working with States to build effective and responsive measures to ensure that the rapid scientific and technological advances are safeguarded from hostile use and are instead employed for the benefit of us all.

The United Nations Convention Against Torture and Its Optional Protocol

The United Nations Convention Against Torture and Its Optional Protocol PDF Author: Manfred Nowak
Publisher: Oxford University Press
ISBN: 0198846177
Category : Law
Languages : en
Pages : 1361

Book Description
"Published with the support of Austrian Science Fund (FWF): PUB 644-G."

International Law and International Relations

International Law and International Relations PDF Author: Thomas J. Biersteker
Publisher: Routledge
ISBN: 1134145772
Category : History
Languages : en
Pages : 380

Book Description
This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.

War, Torture and Terrorism

War, Torture and Terrorism PDF Author: David Rodin
Publisher: John Wiley & Sons
ISBN: 140517398X
Category : Philosophy
Languages : en
Pages : 162

Book Description
This collection by leading scholars represents state of the art writings on the ethics of war. Many of the most important and contested controversies in modern war receive comprehensive discussion: the practice of torture, terrorism, assassination and targeted killing, the bombing of civilians in war, humanitarian intervention, and the invasion of Iraq Analytical introduction provides a guide to recent developments in the ethics of war An excellent overview for general readers interested in the current debate and controversies over the ethics of war

Shooting to Kill

Shooting to Kill PDF Author: Simon Bronitt
Publisher: Bloomsbury Publishing
ISBN: 1782250433
Category : Law
Languages : en
Pages : 318

Book Description
The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.