European University Institute Library

The treatment of prisoners under international law, Nigel Rodley and Matt Pollard

eng

The treatment of prisoners under international law

electronic resource

dictionaries

1088471523

Nigel Rodley and Matt Pollard

ProQuest Ebook Central

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 the previous editions. Central to most of the chapters is 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 theabsolute 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.--, Provided by Publisher

Cover; Title Page; Copyright Page; Dedication; Preface to the Third Edition; Contents; Selected Abbreviations; Table of Treaties and Other International Instruments; Table of Cases; General Introduction; 1. The Development of an International Law of Human Rights Applicable to Prisoners; 2. The Nature and Scope of the Problem; 2.1 Torture and other ill-treatment; 2.2 Executions; 2.3 Enforced disappearances; 2.4 Prison conditions; 3. The Inherent Dignity of the Enemy; 4. The Approach; 1. The Response of the United Nations General Assembly to the Challenge of Torture; 1. Introduction2. Discussion of Torture at the UN General Assembly 1973-19752.1 Resolution 3059 (XXVIII) of 2 November 1973; 2.2 Resolution 3218 (XXIX) of 6 November 1974; 2.3 The Fifth UN Congress on the Prevention of Crime and the Treatment of Offenders (1975); 2.3.1 Changes in definition; 2.3.2 International prohibition of torture; 2.3.3 Effective measures by states; 2.3.4 Implementation; 2.4 Resolution 3452 (XXX) of 9 December 1975-The Declaration against Torture; 3. Developments Following the Adoption of the Declaration against Torture; 3.1 Resolution 3453 (XXX) of 9 December 19753.1.1 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment3.1.2 Code of Conduct for Law Enforcement Officials; 3.1.3 Principles of Medical Ethics; 3.1.4 Implementation; 3.2 Resolutions 32/62, 32/63, and 32/64 of 8 December 1977; 3.2.1 A convention against torture; 3.2.2 Questionnaire on the Declaration against Torture; 3.2.3 Unilateral declarations against torture; 4. Summary; 2. The Legal Prohibition of Torture and Other Ill-treatment; 1. Introduction; 2. Treaties Prohibiting Torture and Other Ill-treatment; 2.1 The UN Convention against Torture2.2 The OAS Convention against Torture2.3 The human rights treaties; 2.3.1 The International Covenant on Civil and Political Rights; 2.3.2 Specific human rights treaties of universal applicability; 2.3.3 Regional human rights treaties; 2.4 The humanitarian law treaties; 2.4.1 Common article 3 and Protocol II; 2.4.2 The Geneva Conventions and Protocol I; 3. Unilateral Declarations against Torture; 4. General International Law and Torture; 4.1 The Charter of the United Nations and General Assembly resolutions; 4.2 Customary international law; 4.3 General principles of law4.4 Judicial decisions4.5 Teachings of publicists; 4.6 Treaty bodies and other UN experts; 5. Summary; 3. What Constitutes Torture and Other Ill-treatment?; 1. Introduction; 2. Defining and Distinguishing Torture; 2.1 The status of the perpetrator; 2.1.1 International human rights law; 2.1.2 International criminal law; 2.2 Degree of pain or suffering; 2.2.1 The cumulative approach; 2.2.2 Acts recognised as torture in and of themselves; 2.2.3 Psychological torture; 2.2.4 Does torture involve aggravated pain or suffering?; 2.2.4.1 International human rights law2.2.4.2 International criminal law