The treatment of prisoners under international law

著者

書誌事項

The treatment of prisoners under international law

Nigel S. Rodley

Oxford University Press, 2000

2nd ed

  • : pbk

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注記

Includes index

内容説明・目次

内容説明

The first edition of this book set down and examined a field of international human rights law that had barely existed a decade or so earlier. The present edition takes account of 12 years' substantial developments in what has remained a field of dynamic growth in the norms and institutions available to deal with some of the most evil practices that those in power inflict on those subject to their power: torture, enforced disappearance, summary and arbitrary execution, the death penalty, corporal punishment, and wantonly cruel conditions of deprivation of freedom. Important universal instruments that have come into existence since the last edition include the Second UN Protocol to the International Covenant on Civil and Political Rights (on abolition of the death penalty), the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, and the Declaration against Forced Disappearance. At the regional level, the creation of the European Convention for the Prevention of Torture has created a Committee with the right to inspect places of detention in 39 Western and Eastern European countries.Landmark cases of the European Court of Human Rights include Soering v. United Kingdom (threatened extradition on a capitally-punishable offence) and a series of decisions against Turkey covering torture, extra-legal execution and enforced disappearance, especially Aksoy, Aydin, Kaya and Kurt. The influential Inter-American Court of Human Rights case, Velasquez Rodriguez, involving the same practices in Honduras, is the most notable of several judgments of that Court. Furthermore, two ad hoc international criminal tribunals have been set up, for the former Yugoslavia and Rwanda, and they have stimulated the international community to consider establishing a permanent international criminal court, a process that seems on the verge of completion. The Yugoslav tribunal's appellate decisions in the Tadi case have already proved influential. Some of the policy proposals in the General Conclusion of the last edition have already been realised, others remain applicable, and new ones have commended themselves.

目次

  • Preface to the Second Edition
  • General Introduction
  • 1. The Response of the United Nations General Assembly to the Challenge of Torture
  • 2. The Legal Prohibition of Torture and Other Ill-Treatment
  • 3. What Constitutes Torture and Other Ill-Treatment?
  • 4. The Legal Consequences of Torture and Other Ill-Treatment
  • 5. International Remedies for Torture and Other Ill-Treatment
  • 6. Extra-legal Executions
  • 7. The Death Penalty
  • 8. 'Disappeared' Prisoners: Unacknowledged Detention
  • 9. Conditions of Imprisonment or Detention
  • 10. Corporal Punishment
  • 11. Guarantees Against Abuses of the Human Person
  • 12. International Codes of Ethics for Professionals
  • 13. General Conclusions - An Agenda
  • Appendices

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