Transnational Torture

Transnational Torture PDF

Author: Jinee Lokaneeta

Publisher: NYU Press

Published: 2014-06-22

Total Pages: 305

ISBN-13: 1479816957

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"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.

Torture as State Crime

Torture as State Crime PDF

Author: Melanie Collard

Publisher: Routledge

Published: 2018-07-11

Total Pages: 218

ISBN-13: 1315456117

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Can we understand torture by focusing on the torture chamber or even on the states in which it is practiced, or do we have to consider the wider political context in which it is embedded? This is the central question of this book which explores concepts of state crime for understanding and responding to the indirect use of torture by external nation states. Drawing on the cooperation between France and Argentina in Argentina's Dirty War, this book explores the utility of the concept of state crime for understanding and responding to the indirect use of torture by external nation states with a detailed examination of the exportation of torture techniques and training expertise as complicity in torture. Discussing the institutionalisation of torture in its international structural context, this book focuses on examining three alleged manifestations of the torturer: direct perpetrator, institutional perpetrator, and transnational institutional perpetrator. Important reading for those in the fields of criminology, sociology, international relations and human rights law, this book will also be of key interest to scholars and students in the areas of state crime, human rights and imperialism.

Torture as Tort

Torture as Tort PDF

Author: Craig Martin Scott

Publisher: Bloomsbury Publishing

Published: 2001-05-22

Total Pages: 500

ISBN-13: 1847316808

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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

Torture and Its Definition in International Law

Torture and Its Definition in International Law PDF

Author: Metin Baolu

Publisher: Oxford University Press

Published: 2017

Total Pages: 571

ISBN-13: 0199374627

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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.

Report on Torture

Report on Torture PDF

Author: Amnesty International

Publisher: Bloomsbury Academic

Published: 1973

Total Pages: 256

ISBN-13:

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Report on government policies and practice with regard to political torture, comprising reference material on international relations and human rights - includes a select bibliography.

Colonial Terror

Colonial Terror PDF

Author: Deana Heath

Publisher: Oxford University Press

Published: 2021-03-23

Total Pages: 256

ISBN-13: 0192646168

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Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.

United States of America--a Safe Haven for Torturers

United States of America--a Safe Haven for Torturers PDF

Author: William J. Aceves

Publisher:

Published: 2002

Total Pages: 188

ISBN-13:

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Torture is firmly prohibited by international law. It is a crime in all places and at all times. Indeed, torturers are considered 'hostis humani generis' (enemies of all humanity). When someone is tortured, it is an affront to human dignity. When torturers are not held accountable for their actions, it is an affront to justice. Impunity occurs when perpectrators of human rights abuses are not held accountable for their actions. It occurs when perpetrators refuse to acknowledge the wrongfulness of their conduct. It occurs when states refuse to accept responsibility for the acts of government agents. And it occurs when the international community allows perpetrators to go unpunished. Impunity is a problem in all countries, including the United States. For decades, the United Staes has condemned torture and other human rights abuses committed abroad. Yet it has failed to bring to justice the perpetrators of such abuses when they have entered the country. Accordingly, this report, which is part of Amnesty International's Campaign to Stop Torture, sets forth a multi-track strategy to ensure that the United States is not a safe haven for torturers.

Victims of Torture

Victims of Torture PDF

Author: United States. Congress. House. Committee on International Relations. Subcommittee on International Operations and Human Rights

Publisher:

Published: 1996

Total Pages: 112

ISBN-13:

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