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Part IV—Introduction

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0017
Subject:
Law, Human Rights and Immigration

This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and ... More


The Principal Practices and Primarily Affected Rights

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state ... More


Is it (Internationally) Legal? Is it Torture?

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0018
Subject:
Law, Human Rights and Immigration

This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing ... More


The Scope of Ill-Treatment under the ECHR and ICCPR

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/9780199203062.003.0005
Subject:
Law, Public International Law

The scope of non-refoulement is recognized under international law as extending beyond article 33 of the Refugee Convention to encompass torture. Article 3 of the European Convention on Human Rights ... More


The Right Not to be Ill-treated

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0005
Subject:
Law, Human Rights and Immigration

This chapter begins by looking at the common law’s approach to ill-treatment, including how the concept is defined and to what extent there is a duty to prevent its occurrence. The ramifications of ... More


Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity

Giuliana Ziccardi Capaldo

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0001
Subject:
Law, Public International Law

This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the ... More


Guarantees against Abuses of the Human Person: Arbitrary Arrest and Detention

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/9780199693566.003.0012
Subject:
Law, Human Rights and Immigration

This chapter focuses on the legal safeguards against arbitrary arrest and detention: the right to immediate and continuing assistance; the right to communicate with family members; restriction of the ... More


General Introduction

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/9780199693566.003.0001
Subject:
Law, Human Rights and Immigration

This introductory chapter briefly discusses the importance of the development of the field of international human rights law, law applicable in non-international armed conflict, and to the rights of ... 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


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 Consequences 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/9780199693566.003.0005
Subject:
Law, Human Rights and Immigration

This chapter discusses the legal consequences of committing the prohibited acts of torture and other ill-treatment, both for the state and for the individual torturer. It examines the state's ... More


International Mechanisms against 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/9780199693566.003.0006
Subject:
Law, Human Rights and Immigration

This chapter investigates the mechanisms that have been or are being established with a view to securing international action to protect people from being tortured or ill-treated. It deals briefly ... More


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