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Torture

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0007
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Defining limits of coercive interrogation is put to the test when an interrogator is sitting across from someone who is not cooperating and the interrogator knows is in possession of information ... More


An Alternative Asylum Mechanism: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

JANE McADAM

in Complementary Protection in International Refugee Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199203062
eISBN:
9780191724169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203062.003.0004
Subject:
Law, Public International Law

This chapter reviews both aspects of CAT-based complementary protection. The former constitutes complementary protection in its widest sense, granted on the basis of an international protection need ... More


What Constitutes Torture and Other Ill-treatment?

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0004
Subject:
Law, Human Rights and Immigration

This chapter analyses the terms of the basic formula: torture, cruel, inhuman or degrading treatment or punishment, as stated in Article 5 of the Universal Declaration of Human Rights. It seeks to ... More


The Legal Prohibition of Torture and Other Ill-treatment

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0003
Subject:
Law, Human Rights and Immigration

This chapter examines the international legal status of the prohibition against torture or ill-treatment and describes briefly existing treaties prohibiting it. It investigates how ‘general’ or ... More


Treaty bodies and States: shaping custom

Kasey McCall-Smith

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00023
Subject:
Law, Public International Law

This chapter delivers an account of the way in which the engagement between States and the United Nations human rights treaty bodies plays a clear, but often overlooked, role in shaping customary ... More


Describing the Problem

Rebecca Gordon

in Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199336432
eISBN:
9780199373291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336432.003.0002
Subject:
Religion, Religion and Society

Institutionalized state torture is defined as “the intentional infliction of severe mental or physical suffering by an official or agent of a political entity, which results in dismantling the ... More


Mental Torture: A Critique of Erasures in US Law*

David Luban and Henry Shue

in Fighting Hurt: Rule and Exception in Torture and War

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198767626
eISBN:
9780191821486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198767626.003.0006
Subject:
Political Science, International Relations and Politics

This chapter analyses manoeuvres by which American interrogators who employ psychological torture have been granted impunity under US law in spite of the US obligation to criminalize all torture ... More


Torture and Positive Law: Jurisprudence for the White House

Jeremy Waldron

in Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226529387
eISBN:
9780226529554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226529554.003.0013
Subject:
Law, Human Rights and Immigration

As part of the War on Terror, the Bush administration backed away from the U.S.’s prior absolute rejection of torture, as manifested in its agreement to the Convention against Torture and other ... More


Defining Torture and the Obligation of Systematic Review in the CAT Treaty

Manfred Nowak and Giuliana Monina

in Interrogation and Torture: Integrating Efficacy with Law and Morality

Published in print:
2020
Published Online:
January 2020
ISBN:
9780190097523
eISBN:
9780190097554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190097523.003.0002
Subject:
Law, Human Rights and Immigration, Legal Profession and Ethics

Torture is one of the most severe and violent human rights violations and is absolutely prohibited under international law. As we also know from experience, most cases of torture occur during ... More


The Counterstrategy Illustrated: Transnational Legal Process in Action

Harold Hongju Koh

in The Trump Administration and International Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780190912185
eISBN:
9780190912215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190912185.003.0003
Subject:
Law, Public International Law

This chapter illustrates how the counterstrategies of rope-a-dope and transnational legal process have played out since the start of the Trump Administration. The outside strategy of domestic ... More


Conclusion: Takeaways, Scope, and Torture’s Future

William L. d'Ambruoso

in American Torture from the Philippines to Iraq: A Recurring Nightmare

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197570326
eISBN:
9780197570357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197570326.003.0007
Subject:
Political Science, International Relations and Politics

This chapter explores the scope and limits of the book’s central claims, extending the argument to other circumstances and norms and describing cases that do not fit the theory. The chapter examines ... More


Liberal-Democratic Torture: Answered and Unanswered Questions

William L. d'Ambruoso

in American Torture from the Philippines to Iraq: A Recurring Nightmare

Published in print:
2022
Published Online:
December 2021
ISBN:
9780197570326
eISBN:
9780197570357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197570326.003.0002
Subject:
Political Science, International Relations and Politics

This chapter gives a primer on liberal-democratic torture. A brief summary of the historical record shows that liberal democracies have repeatedly engaged in “stealth” coercive interrogation, which ... More


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