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1
McQuigg, R. "How Effective is the United Nations Committee Against Torture?" European Journal of International Law 22, no. 3 (August 1, 2011): 813–28. http://dx.doi.org/10.1093/ejil/chr048.
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Munk-Andersen, Ebbe, Bettina Toftgaard, and Jens Modvig. "Screening asylum seekers in Denmark for torture using a structured questionnaire." Torture Journal 31, no. 2 (October 20, 2021): 99–109. http://dx.doi.org/10.7146/torture.v31i2.122245.
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The United Nations Committee against Torture recommends systematic torture screening throughout the asylum process. The goal of this study is to evaluate the introduction of a structured questionnaire, coding for torture according to the definition from United Nations Convention Against Torture (UNCAT). This screening for torture is now an integrated part of the medical reception of newly arrived asylum seekers
The screening was carried through during a 2 years period as a part of the routine health screening, and alleged torture victims were referred to further medical examination and offered assistance to carry information about the torture to the Immigration Service. The participation rate was 85.2%, and torture was reported among 27.8% of the males, with a mean of 21.2% among both sexes.
Key words: Torture, screening, questionnaire, asylum seekers, UNCAT
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Rychlak, Ronald J. "Torture, Crimes Against Humanity and the Abuse of International Law." Chrześcijaństwo-Świat-Polityka, no. 24 (May 12, 2020): 116–41. http://dx.doi.org/10.21697/csp.2020.24.1.23.
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In 2014, United Nations Committee Against Torture raised the possibility that the Vatican’s handling of sexual abuse cases involving Catholic priests constituted torture under international law. A victims group even filed a petition with the International Criminal Court accusing Pope Benedict XIV and other Church officials of “crimes against humanity” and urged that they be prosecuted for their alleged role in the crimes.
Without defending the perpetrators of the abuse, this paper argues that the identified cases do not meet the legal standards to constitute either torture or crimes against humanity under international law. While those individuals who are guilty of abuse should be punished, neither they nor the Church officials who dealt with them (or failed to do so) are responsible for torture or crimes against humanity. Arguments to the contrary have been advanced in bad faith.
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de Senarclens, Pierre. "SOS-Torture." International Review of the Red Cross 29, no. 268 (February 1989): 33–37. http://dx.doi.org/10.1017/s0020860400072193.
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In 1983, at the suggestion of its founder, the late Jean-Jacques Gautier, the Swiss Committee against Torture convened a symposium on means of eradicating torture. The meeting, which was held in Geneva, brought together almost 70 experts from some 30 countries representing many different human rights organizations. It concluded that a way had to be found to create a more effective role for the hundreds of non-governmental organizations (NGOs) around the world which had been set up to eliminate torture. In particular, it suggested establishing a service to speed up the circulation of information gathered by these NGOs, to facilitate rapid representations to the United Nations and other regional organizations responsible for defending human rights and, when desirable, to organize concerted action. This, it was thought, might finally do something to help the victims of torture.
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Geraldi, Aldo Rico. "Mekanisme Pengaduan Oleh Committee Against Torture Terkait Tindakan Penyiksaan dan Perlakuan yang Merendahkan Martabat Manusia." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 23, no. 01 (September 10, 2020): 36–48. http://dx.doi.org/10.24123/yustika.v23i01.2871.
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This research aims to analyze the form of complaints mechanism by the Committee Against Torture. This research is a study that uses normative legal research by collecting secondary data. Data collection is done using the library study method by collecting legal materials and information in the form of primary, secondary, and tertiary legal materials. In order to get a clear explanation, the data is then arranged systematically and analyzed using descriptive methods. The results of this research indicate that torture is an act carried out by causing pain or suffering. The United Nations General Assembly then established the Convention against Torture which is believed to be able to specifically monitor multilateral instruments for the protection of torture and other inhuman treatment. Furthermore, related to the complaints mechanism regulated by the Anti-Torture Committee that complaints procedures in international law generally refer to a formal legal process whereby a person or group of people submit a complaint to an international legal entity to reveal that their human rights have been violated in a particular case. The Committee has a mandate related to the assessment of complaints filed by participating countries that have recognized the authority of the Committee, individuals and the Committee can conduct fact-finding if it has reliable information about the occurrence of systematic torture in one of the participating countries.
Keywords : “Torture”, “Convention Against Torture”, “Committee Against Torture”
AbstrakPenelitian ini bertujuan untuk menganalisis mekanisme pengaduan yang dilakukan oleh Committee Against Torture. Penelitian ini merupakan penelitian yuridis normatif yang dilengkapi data sekunder. Metode penelitian menggunakan studi pustaka dengan mengumpulkan bahan hukum dan informasi berupa bahan hukum primer, sekunder, dan tersier. Untuk mendapatkan penjelasan yang jelas, data kemudian disusun secara sistematis dan dianalisis menggunakan metode deskriptif. Hasil penelitian ini menunjukkan bahwa penyiksaan merupakan tindakan yang dilakukan dengan menimbulkan rasa sakit atau penderitaan. Majelis Umum Perserikatan Bangsa-Bangsa kemudian membentuk Konvensi Menentang Penyiksaan yang diyakini mampu secara khusus memantau instrumen multilateral untuk perlindungan penyiksaan dan perlakuan tidak manusiawi lainnya. Lebih lanjut, terkait mekanisme pengaduan yang diatur oleh Committee Against Torture bahwa prosedur pengaduan dalam hukum internasional pada umumnya mengacu pada proses hukum formil dimana seseorang atau sekelompok orang mengajukan pengaduan ke badan hukum internasional untuk mengungkapkan bahwa hak asasi mereka telah dilanggar dalam kasus tertentu. Komite memiliki mandat terkait dengan penilaian pengaduan yang diajukan oleh negara peserta yang telah mengakui kewenangan Komite, individu dan Komite dapat melakukan pencarian fakta jika memiliki informasi yang dapat dipercaya tentang terjadinya penyiksaan sistematis di salah satu negara peserta.
Kata kunci: Penyiksaan; Konvensi Menentang Penyiksaan; Committee Against Torture
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Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies." Afrika Focus 20, no. 1-2 (February 15, 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.
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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.
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ATAK, IDIL, and LORIELLE GIFFIN. "Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms." Canadian Yearbook of international Law/Annuaire canadien de droit international 56 (October 2019): 292–327. http://dx.doi.org/10.1017/cyl.2019.13.
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AbstractThe United Nations (UN) human rights treaty bodies play an important role in defining the scope and the nature of non-citizens’ rights. This article offers a critical overview of the UN human rights case law from 2008 to 2018 pertaining to non-citizens — notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported — in Canada. It examines the jurisprudence of the three UN human rights treaty bodies recognized by Canada as having competence to receive and consider individual complaints — namely, the UN Human Rights Committee, the Committee against Torture, and the Committee on the Elimination of Discrimination against Women. The purpose of this examination is two-fold. First, it intends to foster a better understanding of the cases lodged by non-citizens before the UN human rights treaty bodies. The second aim is to explore the substantive issues that the UN committees’ jurisprudence on non-citizens reveals about Canada’s immigration decision-making and enforcement. It is argued that some groups of non-citizens in Canada are at risk of being deported to persecution or hardship in violation of the non-refoulement principle and Canada’s international human rights obligations. The article illuminates several loopholes identified by the UN treaty bodies in Canada’s immigration and refugee protection system that heighten the risk of refoulement.
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Marino Menendez, F. M. "Recent Jurisprudence of the United Nations Committee against Torture and the International Protection of Refugees." Refugee Survey Quarterly 34, no. 1 (January 6, 2015): 61–78. http://dx.doi.org/10.1093/rsq/hdu019.
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Søndergaard, Elna, Rupert Skilbeck, and Efrat Shir. "Development of interdisciplinary protocols on medico-legal documentation of torture: Sleep deprivation." Torture Journal 29, no. 2 (October 30, 2019): 23–27. http://dx.doi.org/10.7146/torture.v29i2.115600.
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Background: The use of psychological torture or torture methods that leave no visible marks (stealth torture) is on the increase in various contexts. However, the difficulties in the documentation of such methods should be recognized by lawyers and health professionals who may benefit from using research-based interdisciplinary instruments to improve their documentation for legal processes - in addition to the United Nations Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment (1999) (Istanbul Protocol). Objective: With the aim to develop additional instruments for the documentation of various psychological torture methods, this article explains the recommended methodology for such research-based interdisciplinary instruments and the process of developing the first example of this approach relating to sleep deprivation. Development and pilot testing of the Sleep Deprivation Protocol: The pilot-testing of the Protocol by lawyers in the Public Committee Against Torture in Israel (PCATI) has already yielded positive results. Conclusion: Further advanced documentation instruments, using medical evidence in non-torture contexts and legal research, should be developed to effectively identify and record other psychological torture methods.
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Schlickewei, Stephanie. "The Revision of the General Comment No. 1 on the Implementation of Art. 3 uncat’s Non-Refoulement Obligation in Light of the Use of Diplomatic Assurances." Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 167–209. http://dx.doi.org/10.1163/13894633_021001007.
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On 26 June 1987, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (uncat) entered into force. The comprehensive set of regulations of the Convention aimed at ensuring a more effective implementation of the international community’s common endeavours to eradicate torture globally. Nevertheless, torture practice still prevails in many countries. New crises, such as the international fight against terrorism, constantly compromise the achievement of the Convention’s overall objective; in particular, they present a great challenge to States Parties’ compliance with the uncat’s explicit nonrefoulement obligation of Art. 3 uncat. Aiming for the transfer of a person to another State and in a bid to nevertheless satisfy their international obligations, States Parties tend to rely on so-called diplomatic assurances from the receiving State, thereby potentially exposing the individual to the risk of being subjected to torture following the transfer. Being aware of the new challenges to the protection of Art. 3 uncat, in 2015, the United Nations Committee against Torture finally decided to undertake a comprehensive review of its General Comment No. 1 (1997). As the text of 1997 was considered to no longer meet the needs of the States with respect to the new challenges of the 21st century, the revision was inter alia aimed to also explicitly address the alarming trend of the application of diplomatic assurances and to include an assessment of their legitimate use in the context of Art. 3 uncat. This article outlines the aforementioned review process with regard to the use of diplomatic assurances in the context of torture and analyses the question of their legitimacy under international law with respect to the uncat and in light of and in comparison to the European Court of Human Right’s jurisdiction in this context.
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Evans, Malcolm D. "Getting to Grips with Torture." International and Comparative Law Quarterly 51, no. 2 (April 2002): 365–83. http://dx.doi.org/10.1093/iclq/51.2.365.
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In October 2000 an informal working group of the United Nations Commission on Human Rights met to discuss the latest drafts of an Optional Protocol to the 1984 United Nations Convention against Torture. The Working Group itself met for its 9th session in February 2001 and its 10th session was held in January 2002.2 The primary purpose of this Optional Protocol is to create a new international mechanism that will have a preventive role and which would operate by conducting visits to states and to places of detention within states and, in the light of such visits, enter into a ‘dialogue’ with the state concerned in order to help them ensure that torture does not occur. The origins of this initiative lie in a proposal formally tabled in the early 1980s during the negotiations that led up to the adoption of the UNCAT itself but at that time it was clear that so radical a move as the establishment of an international body with an automatic right of entry into any place of detention would be unacceptable within the broader international community.3 However, the idea was taken up on a regional level within Europe and in 1987 the Council of Europe adopted the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which established the European Committee of the same name (known as the CPT), very much by way of an example to the rest of the world, or so it was thought.4
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Franco, Jean. "Rape and Human Rights." PMLA/Publications of the Modern Language Association of America 121, no. 5 (October 2006): 1662–64. http://dx.doi.org/10.1632/pmla.2006.121.5.1662.
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According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”
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Burley, Anne-Marie. "The Alien Tort Statute and the Judiciary Act of 1789: A Badge of Honor." American Journal of International Law 83, no. 3 (July 1989): 461–93. http://dx.doi.org/10.2307/2203307.
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The Alien Tort Statute, originally enacted as section 9 of the Judiciary Act of 1789, grants the district courts original jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” In 1980 the United States Court of Appeals for the Second Circuit breathed new life into these little-used and somewhat mysterious provisions. The case was Filartiga v. Pena-Irala, in which a Paraguayan family brought suit against a former Paraguayan police chief for the torture and death of one of its members. The court upheld federal jurisdiction under the Alien Tort Statute. Finding state torture to be a violation of “modern international law,” it pronounced itself willing to enforce this law even as between aliens whenever personal jurisdiction could be obtained over the defendant.
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Gurulé, Jimmy. "United Nations Security Council Resolutions 2199 & 2253." International Legal Materials 56, no. 6 (December 2017): 1144–75. http://dx.doi.org/10.1017/ilm.2017.41.
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In June 2014, the Islamic State in Iraq and the Levant (ISIL) emerged on the world stage when its fighters seized Mosul, Iraq's second-largest city, after moving into Iraq from its original base in Syria. Led by Abu Bakr al-Baghdadi, the self-appointed caliph, ISIL's goal is to establish an Islamic caliphate in the Middle East. At its peak, ISIL was considered the wealthiest international terrorist organization in the world, estimated to have an annual budget of over $2 billion. ISIL controlled large swaths of territory in Iraq and Syria, seizing control of Ramadi, the capital of Iraq's Anbar province, and the historic city of Palmyra in central Syria. In Iraq and Syria, ISIL also seized towns along important supply routes, and controlled critical infrastructure and border crossings. In 2015, the Central Intelligence Agency estimated that ISIL had between twenty thousand and thirty-one thousand fighters in Iraq and Syria, and approximately fifteen thousand of its members were foreign recruits. The acts of brutality committed by ISIL include beheading American journalists; the torture and ruthless slaughter of civilians; the persecution of ethnic minorities and Christians; and gross violations of international human rights that constitute war crimes, crimes against humanity, and genocide.
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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v2i2.p124-128.
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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 4, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v4i2.p124-128.
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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.
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Johnson, Douglas A., and Laura J. Duckett. "Advocacy, Strategy and Tactics Used to Confront Corporate Power: The Nestlé Boycott and International Code of Marketing of Breast-milk Substitutes." Journal of Human Lactation 36, no. 4 (October 9, 2020): 568–78. http://dx.doi.org/10.1177/0890334420955158.
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Douglas A. Johnson began his career as a human rights activist while earning his undergraduate degree in philosophy (1975) at Macalester College in the United States. He lived at Gandhi’s ashram in India to study nonviolent organizing (1969 to 1970). He served as the director of the Third World Institute in Minneapolis, MN, USA (1973–1979), which functioned as the international social justice program of the Archdiocese of Minneapolis and St. Paul. Johnson’s work included creating and running a political collective; leading development study tours into villages in Guatemala and Honduras; and investigating how transnational companies (e.g., Nestlé) were penetrating the developing world. He was the co-founder of the Infant Formula Action Coalition (INFACT), elected national chairperson (1977–1985), and appointed as Executive Director (1978–1984). His role included representing INFACT before national and international organizations, the human milk substitute industry, the US Congress and Executive Branch, and the press. He initiated and coordinated the first international grass-roots consumer boycott (against Nestlé) in ten nations. He was also a co-founder of the International Nestlé Boycott Committee and the International Baby Food Action Network (IBFAN). He earned a Master’s in Public and Private Management at Yale University (1988). Then he became the first Executive Director of the Center for Victims of Torture, in Minneapolis (1988–2012), the first treatment center for torture victims in the US. Since 2013, he has been teaching human rights theory and practice, and sharing lessons he has learned, as a Lecturer in Public Policy at the Harvard Kennedy School, Harvard University (US). (This interview was conducted via Zoom and transcribed verbatim. It has been edited for ease of readability. DJ refers to Doug Johnson and LD refers to Laura Duckett.)
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Gavrilovic, Bojan, and Stephanie Schweininger. "A criminal tribunal and a wide-ranging reparation programme is necessary for the victims of sexual violence and torture in Iraq." Torture Journal 29, no. 1 (May 22, 2019): 110–24. http://dx.doi.org/10.7146/torture.v29i1.109995.
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The frequency and extreme nature of sexual violence committed in Iraq, primarily by the self-declared Islamic State in Iraq and the Levant (ISIL) from 2014 onwards, has shocked the international community. Now, four years later, victory over ISIL has been proclaimed but addressing past atrocities and their consequences has barely begun. There is a wide discrepancy between Iraq’s human rights obligations, stressed by the United Nations (UN), and the reality on the ground, shaped by the Iraqi authorities. The present paper aims to highlight this discrepancy by providing an overview of the crimes committed, their qualification under international law, and the efforts of Iraqi authorities to punish those responsible. It will also discuss legal frameworks and the role of the UN, before positing some possible solutions. Object of the inquiry. The primary object of this inquiry is the conflict-related sexual violence (CRSV) that has taken place in Iraq since 2014. The term CRSV is used in the international discourse to designate sexual violence occurring during or following armed conflict. UN bodies have set a gravity threshold for defining CRSV—incidents or patterns of acts of sexual violence such as “rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” (UN Action Against Sexual Violence in Conflict, 2011, p. 3)
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Becker, Paula Alexander. "The alien tort statute of 1789 and international human rights violations: Kiobel v. royal dutch petroleum co." New England Journal of Entrepreneurship 17, no. 1 (March 1, 2014): 29–32. http://dx.doi.org/10.1108/neje-17-01-2014-b004.
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Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided and abetted the Nigerian military in the human rights violations. The plaintiffs had engaged in protests about the environmental damage caused by the Royal Dutch Petroleum defendants in the area of the Niger Delta and the plight of the Ogoni people in Ogoniland. At the trial level, the court decided that certain claims involving violations of the Law of Nations could be heard by the court. However, the case was appealed to the U.S. Supreme Court, which decided that there is a presumption against extraterritoriality in the application of the ATS, and that “mere presence” of a defendant corporation in the United States is insufficient for a court to assume jurisdiction. However, the question remains: What corporate presence would serve as a sufficient basis for a court to assume jurisdiction under the ATS? Given the possibility that corporations could, and perhaps in the future will, be found liable for human rights violations occurring in foreign locales even after Kiobel, prudent risk management behooves corporations and their counsel to monitor whether human rights violations are occurring in connection with their operations, even when those human rights violations are committed by foreign governments or their agents.
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Peeraer, M. "The United Nations Convention against torture." Military Law and the Law of War Review 27, no. 3-4 (December 1988): 606–9. http://dx.doi.org/10.4337/mllwr.1988.3-4.07.
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Hong, Kwan-pyo. "Criminalisation of Torture under the United Nations Convention against Torture." Institute for Legal Studies Chonnam National University 38, no. 1 (February 28, 2018): 591–640. http://dx.doi.org/10.38133/cnulawreview.2018.38.1.591.
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Haseljić, Meldijana Arnaut. "Genocid(i) u Drugom svjetskom ratu – Ka konvenciji o genocidu (ishodišta, definiranje, procesuiranja)." Historijski pogledi 5, no. 8 (November 15, 2022): 239–73. http://dx.doi.org/10.52259/historijskipogledi.2022.5.8.239.
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The twentieth century began and ended with the execution of genocide. At the same time, it is the century in which large-scale armed conflicts were fought, including the First and Second World Wars. The Second World War was marked, among other things, by genocides committed against peoples that were planned for extermination by Nazi projects. In the first place, it is inevitable to mention the genocide (Holocaust) against the most numerous victims - the Jews. The Holocaust resulted in millions of victims. Mass murders of Jews were carried out, but in the Second World War, about a million people who were members of other nations were also killed. The Nazis carried out the systematic extermination of Jews and other target groups in concentration camps established in Germany, but also in occupied countries. Hundreds of camps were opened throughout the occupied territories of Europe. The target groups scheduled for extermination were collected and transported by trains, most often in transport and livestock wagons, and taken to camps where a certain number were immediately killed, while another number were temporarily left for forced labor. People who were used for forced labor often died of exhaustion, and those who managed to survive the torture were eventually killed. In addition to the closure and liquidation in the camps, individual and mass executions were also carried out in other places. The large number of those killed indicated the need for quick rehabilitation, which resulted in burning the bodies on pyres or burying them in mass graves. The committed genocides encouraged the formation of the United Nations, but also resulted in the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, or for short - the Genocide Convention, which was supposed to be a guarantee for „never again“. Sanctions issued in the form of death sentences to the most notorious war criminals for the terrible crimes for which they were found responsible should have been another obstacle to „never again“. However, the participants of our time testify that it was not so. Genocidal projects have revived and genocides have been realized, as is the case with the genocide committed in the Republic of Bosnia and Herzegovina at the end of the 20th century. In the trial of the most notorious Nazis, known as the Nuremberg Trials, the harshest death sentences were handed down, as well as life and long-term imprisonment. The specificity of the Nuremberg process is that, in addition to proclaiming the principle of personal responsibility, it also represents a condemnation of the committed aggression, but also a political project as manifested by the condemnation of various organizations that were declared responsible for the crimes committed. At the main international military trial that began on October 18, 1945, 24 defendants were prosecuted for individual responsibility, but six criminal war organizations were also prosecuted - the leadership of the NSDAP (National Socialist German Workers' Party - NSDAP (National Sozialistische Deutsche Arbeiter Partei) headed by was Adolf Hitler - the most responsible criminal for World War II and the execution of the Holocaust), SS (Schutzstaffel - military branch of the NSDAP), SA (Sturmabteilung - Assault Squad of the NSDAP), SD (Sicherheitsdienst - Intelligence Service of the NSDAP), Gestapo (Geheime Staats Polizei - secret state police) and OKW (Oberkommando der Wehrmacht - Supreme Command of the German Army). Certain prosecutions were also carried out in the national courts of the countries that emerged victorious in the Second World War.
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Kälin, Walter. "The struggle against torture." International Review of the Red Cross 38, no. 324 (September 1998): 433–44. http://dx.doi.org/10.1017/s0020860400091233.
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Over the past fifty years, the struggle against torture has become a central concern of human rights law. The first international legal text specifically outlawing “torture” was the 1948 Universal Declaration of Human Rights (Article 5). The first treaty prohibiting torture — the European Convention on human rights (Article 3) — was adopted soon afterwards, in 1950. In 1984, the United Nations Convention against torture became the first binding international instrument exclusively dedicated to the struggle against one of the most serious and pervasive human rights violations of our time.
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Fernandez, Lovell, and Lukas Muntingh. "The Criminalization of Torture in South Africa." Journal of African Law 60, no. 1 (September 16, 2015): 83–109. http://dx.doi.org/10.1017/s0021855315000224.
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AbstractThis article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The South African anti-torture law is analysed and critiqued against the standards and provisions set out in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The article recommends amendments to the South African law, aimed at making the combating of torture more effective.
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Rodley, Sir Nigel. "The United Nations Convention Against Torture: A Commentary (review)." Human Rights Quarterly 31, no. 4 (2009): 1143–46. http://dx.doi.org/10.1353/hrq.0.0105.
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Murphy, Sean D. "United States Submits First Report to the UN Committee Against Torture." American Journal of International Law 94, no. 2 (April 2000): 357–61. http://dx.doi.org/10.1017/s0002930000757708.
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Rasmussen, Andrew, Mia Crager, Eva Keatley, Allen S. Keller, and Barry Rosenfeld. "Screening for Torture." Zeitschrift für Psychologie 219, no. 3 (January 2011): 143–49. http://dx.doi.org/10.1027/2151-2604/a000061.
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Torture has been defined most precisely in legal contexts. Practitioners who work with torture survivors and researchers who study torture have frequently cited legal definitions, particularly those in the United States’ Torture Victims Relief Act, the United Nations Convention against Torture, or the World Medical Association’s Declaration of Tokyo. Few practitioners have operationalized these definitions and applied them in their practice. We describe how a New York City torture treatment clinic used a coding checklist that operationalizes the definitions, and present results. We found that in practice these definitions were nested; that using guidelines for applying the definitions in practice altered the number of cases meeting criteria for these definitions; and that the severity of psychological symptoms did not differ between those who were tortured and those who were not under any definition. We propose theoretical and practical implications of these findings.
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Rodley, Nigel S. "United Nations Action Procedures against "Disappearances," Summary or Arbitrary Executions, and Torture." Human Rights Quarterly 8, no. 4 (November 1986): 700. http://dx.doi.org/10.2307/762199.
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Singhal, Neha. "Conceptualising Domestic Violence within the Scope of United Nations Convention Against Torture." Journal of National Law University Delhi 3, no. 1 (August 2015): 183–91. http://dx.doi.org/10.1177/2277401720150111.
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Hasan, Md Monjur, Md Arifuzzaman, and Mohammad Mizanur Rahaman. "Torture in Lawful Custody: Violation of United Nations Convention against Torture in Criminal Justice System in Bangladesh." Beijing Law Review 08, no. 04 (2017): 397–422. http://dx.doi.org/10.4236/blr.2017.84022.
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Woolaver, Hannah. "R v. Reeves Taylor (Appellant). [2019] UKSC 51." American Journal of International Law 114, no. 4 (October 2020): 749–56. http://dx.doi.org/10.1017/ajil.2020.51.
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The First Liberian Civil War (1989–1996), in which Charles Taylor's National Patriotic Front of Liberia (NPFL) waged an ultimately successful military campaign to depose President Samuel Doe, was characterized by widespread atrocities. During this period, Agnes Reeves Taylor, known as “The Mother of the Revolution” and at the time Charles Taylor's wife, allegedly committed multiple acts of torture in her capacity as a high-ranking member of the NPFL. After moving to the United Kingdom, Agnes Taylor was charged in 2017 with seven counts of torture and one of conspiracy to commit torture under Section 134 of the UK Criminal Justice Act 1988 (CJA), which domesticates aspects of the UN Convention Against Torture 1984 (CAT) and asserts universal jurisdiction over torture. During the prosecution, a question over a key definitional element of the crime was appealed to the UK Supreme Court (Supreme Court): whether nonstate actors could be liable under the statute, which requires that torture be carried out by a “public official or person acting in an official capacity” (para. 14). The Court gave a qualified answer in the affirmative, holding that this definition includes individuals acting for a nonstate body that exercises control over territory and carries out governmental functions in this territory. As the first apex court decision extending liability for torture to de facto authorities, the Supreme Court decision is likely to have significant jurisprudential influence well beyond the United Kingdom.
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Burgers, J. Herman, and Hans Danelius. "The United Nations Convention Against Torture. A Handbook on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Verfassung in Recht und Übersee 23, no. 1 (1990): 95–97. http://dx.doi.org/10.5771/0506-7286-1990-1-95.
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Chitimira, Howard. "A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1271.
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violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided
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Hall, Christopher Keith. "UN Convention on State Immunity: the Need for a Human Rights Protocol." International and Comparative Law Quarterly 55, no. 2 (April 2006): 411–26. http://dx.doi.org/10.1093/iclq/lei089.
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The United Kingdom (UK) signed the UN Convention on Jurisdictional Immunities of States and their property (Convention) less than a year after it was adopted by the UN General Assembly.1 The signature came only a few months after an open, but not well publicized, consultation with academics and society,2 and several months before a crucial appeal, in which the Secretary of State for Constitutional Affairs is a party, is heard by the House of Lords of a decision permitting a civil suit to proceed against foreign government officials for torture committed abroad.3 Despite the signature, the UK has not yet announced whether it will ratify the Convention and, if so, whether it intends to do so with an understanding, declaration or reservation.4 As discussed below, it appears that the Convention might preclude victims of genocide, crimes against humanity, war crimes, torture and other crimes under international law, as well as other human rights violations, committed abroad from recovering civil reparations in UK courts against states or their current of former officials or agents. In the light of the numerous ambiguities in the Convention and the risk that it will be interpreted by national courts as barring such reparations in those courts, the UK should not ratify it until a protocol is adopted expressly guaranteeing victims and their families the right to recover reparations in such cases.
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Schaaf, Robert W. "Compendium of United Nations Norms in Criminal Justice." International Journal of Legal Information 18, no. 3 (1990): 221–23. http://dx.doi.org/10.1017/s0731126500006740.
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Included among the documentation prepared for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana August 27-September 7, 1990, is an item that should be of interest to readers of this journal. This is a Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice. Issued with the date May 11, 1990, the document carries the symbol A/CONF.144/INF.2 and covers 140 pages. Part I on “Crime Prevention and Criminal Justice” includes the text of 22 norms and standards and runs to 80 pages. Part II, entitled “Human Rights,” is not detailed here, but includes the texts of the Universal Declaration of Human Rights and the two International Covenants—on Economic, Social and Cultural Rights and on Civil and Political Rights (instruments collectively known as the International Bill of Human Rights). Also included in Part II are the two optional protocols to the Covenant on Civil and Political Rights, the Convention against Torture, the recently adopted Convention on the Rights of the Child (see below) and two other norms concerning the rights of prisoners.
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Tardti, Maxime E. "The United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment." Nordic Journal of International Law 56, no. 4 (1987): 303–21. http://dx.doi.org/10.1163/157181087x00147.
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Wenzel, Thomas, Andreas Frewer, and Siroos Mirzaei. "The DSM 5 and the Istanbul Protocol: Diagnosis of psychological sequels of torture." Torture Journal 25, no. 1 (September 26, 2018): 11. http://dx.doi.org/10.7146/torture.v25i1.109508.
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The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is an interdisciplinary standard supported by, among others, the United Nations and the World Medical Association. It aims at aiding the fight against torture by giving clear guidelines to ensure better and more effective assessment of physical and psychological sequels. Mental health is a key aspect of diagnostical assessment and documentation due to the severe and frequently long-lasting impact of torture that often lasts longer than physical sequels. The inclusion of psychological aspects and a psychiatric diagnosis is to be treated as an important obligatory. Care must be taken to avoid common pitfalls. The new and substantial revisions in the frequently used but also criticised Diagnostical and Statistical Manual (DSM) reflect challenges and opportunities in a comprehensive approach to the documentation of torture.
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NCTTP. "Descriptive, inferential, functional outcome data on 9,025 torture survivors over six years in the United States." Torture Journal 25, no. 2 (October 3, 2018): 27. http://dx.doi.org/10.7146/torture.v25i2.109673.
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Background: The National Consortium of Torture Treatment Programs conducted a large voluntary research project among torture rehabilitation centers in the United States (US). Its goal is to fill the void in the literature on demographic and diagnostic data of torture survivors across a large country.
Methods: Twenty-three centers across the US collaborated over six years, utilizing training and making decisions via conference calls and webinars. A data use agreement signed by all the participating centers governed plans and the use of the data.
Findings: This study reports on torture survivors from 125 countries, 109 of which signed the United Nations Convention against Torture (UNCAT). Of the 9,025 torture survivors represented, most came from Africa and Asia and reported an average of 3.5 types of torture. Asylum seekers have different immigration experiences and show significantly higher rates of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD) than refugees. Torture survivors at high risk of PTSD and MDD in this sample reported three or more types of torture, reported rape and had the immigration status of asylum seeker. At one and two years after beginning treatment, both asylum seekers and refugees reported increased rates of employment and improvements in their immigration status.
Interpretation: This longitudinal project provides basic data on a large number of torture survivors who accessed services in the US, and provides a foundation for long-term follow up on immigration status, employment status, diagnostic status, medical diagnoses, and eventually, the effectiveness of treatment for torture survivors in the US. This article shares demographic and diagnostic findings useful for informing programmatic and policy decisions. However, these findings on refugees and asylum seekers in the US may not reflect the experience in other receiving countries. Collaboration with other researchers across continents is required to provide a much needed, more complete picture of torture survivors seeking rehabilitation across the world.
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Syroid, T. "Activities of the United Nations against the COVID-19 pandemic." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(46) (December 14, 2020): 77–83. http://dx.doi.org/10.20535/2308-5053.2020.2(46).226886.
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The article analyzes the provisions of international acts of universal nature, adopted under the auspices of the United Nations, which defines the activities of the Organization, Member States and the world community in the field of combating COVID-19 pandemic. In particular, the Strategic preparedness and response plan, the Global humanitarian response plan, and the United Nations framework program for immediate socioeconomic response to COVID-19 were disclosed. Attention is paid to the reports of the Secretary-General of the United Nations, in particular: “Shared responsibility, global solidarity: responding to the socioeconomic consequences of COVID-19” (March, 2020), “Comprehensive response of the United Nations to COVID-19: saving people, protecting society, more effective recovery” (June, 2020), “United Nations plan to save lives, protect communities, recover better than it was” (September, 2020). Attention is paid to the role of specialized agencies, United Nations treaty-based bodies in the field of human rights protection during the COVID-19 pandemic, particularly, the United Nations Children’s Fund (UNICEF), the World Health Organization (WHO), the Committee on Economic, Social and Cultural Rights. Emphasis is placed on the recommendations developed by these institutions to protect vulnerable categories of persons (minors, elderly people, persons deprived of liberty) during a pandemic.
The focus is on the activities of specialized financial institutions, which are a material platform for the implementation of tasks in fighting the pandemic, in particular, the Solidarity Fund to Combat COVID-19, the COVID-19 Response Fund. Relevant conclusions and recommendations have been made
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Bassiouni, M. Cherif. "The History of the Draft Code of Crimes Against the Peace and Security of Mankind." Israel Law Review 27, no. 1-2 (1993): 247–67. http://dx.doi.org/10.1017/s0021223700016939.
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Since 1946, the United Nations efforts to codify international crimes and to establish an international criminal court have overlapped, with scant results from either endeavor.The Assembly began its efforts to codify international crimes in its first session when the United States sponsored resolution 95 (I), adopted on December 11, 1946, which affirmed “the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal”. Furthermore, the Assembly directed the Committee on the Codification of International Law, the International Law Commission's predecessor, to formulate a general codification of offenses against the peace and security of mankind.In 1947, the United Nations established the International Law Commission (ILC). In a resolution again sponsored by the United States the United Nations directed the ILC to:(a) formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, and(b) prepare a draft code of offenses against the peace and security of mankind, indicating clearly the place to be accorded to the principles mentioned in sub-paragraph (a) above.
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Langer, Máximo. "The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes." American Journal of International Law 105, no. 1 (January 2011): 1–49. http://dx.doi.org/10.5305/amerjintelaw.105.1.0001.
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Under universal jurisdiction, any state in the world may prosecute and try the core international crimes— crimes against humanity, genocide, torture, and war crimes—without any territorial, personal, or national-interest link to the crime in question whenit was committed.The jurisdictional claim is predicated on the atrocious nature of the crime and legally based on treaties or customary international law. Unlike the regime of international criminal tribunals created by the United Nations Security Council and the enforcement regime of the International Criminal Court (ICC), the regime of universal jurisdiction is completely decentralized.
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Chandra, Vikash. "India’s Counter-Terrorism Diplomacy at the United Nations: Progress and Problems." India Quarterly: A Journal of International Affairs 76, no. 1 (February 17, 2020): 40–57. http://dx.doi.org/10.1177/0974928419901189.
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This paper analyses India’s counter-terrorism diplomacy at the United Nations and argues that it is based on five pillars namely, normative, coercive, legal, compliance and domestic implementation, and promotion of international cooperation. The normative pillar elucidates India’s stand on de-legitimisation of terrorism, the root cause approach and sectoral versus comprehensive approach, whereas the coercive pillar divulges India’s position on counter-terrorism sanctions and the use of force. The legal measure explains India’s contribution to the development of international legal framework against terrorism through its sponsoring, co-sponsoring, draft proposal and consensus-building initiatives. Methodologically, it is based largely on the analysis of the primary archival sources, speeches of Indian delegates at the UN General Assembly, its Sixth Committee, and India’s national reports submitted to the UN Counter-Terrorism Committee and 1540 Committee. By analysing India’s counter-terrorism diplomacy at the United Nations, this paper seeks to spark a discourse among researchers working in this field with cases of India and other states as well, and pave the way for further researches on India’s counter-terrorism diplomacy at the United Nations and comparative studies with cases of other states. It concludes with observations that state sovereignty remains at the core of India’s counter-terrorism diplomacy and given the divergence of preferences of states, India’s diplomatic endeavour could not yield desired results.
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Stone, Christopher D. "Beyond Rio: “Insuring” Against Global Warming." American Journal of International Law 86, no. 3 (July 1992): 445–88. http://dx.doi.org/10.2307/2203963.
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In 1989 the United Nations General Assembly voted to convene a Conference on Environment and Development (UNCED) to be held in Rio de Janeiro in June 1992, with the highest possible level of participation. One of the major items on the agenda—many maintain, the highest priority—is a treaty to cope with climate change. Toward that end, the Assembly established the Intergovernmental Negotiating Committee, which was to try to finish drafting an effective framework convention on climate change in time to be signed at the conference.
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Saafin, Etaf Abdel Qader. "The United Nations and Its Duty to Implement International Protection: Studying Different Situations in Three Different Continents." Journal of Politics and Law 12, no. 2 (May 30, 2019): 34. http://dx.doi.org/10.5539/jpl.v12n2p34.
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The paper aims to investigate the role of UN through its human intervention to solve the national issues to save the human life from genocide, ethnic cleansing, war crimes practiced by some states against their own citizens. To achieve its aim, the study used the historical and descriptive approach to analyze data of three case studies; Syrian crisis, Somalian crisis, and Kosovo’s crisis, in which the states practiced Methods of repression and torture against their peoples to the extent that they needed essential intervention by the international community to stop the criminal massacres. Through the analysis of study it has been concluded that the UN does not apply human intervention principles to all states properly, and it is still affected by some powerful authorities. Finally, the study recommended that UN need to rethink its strategies that can enable human intervention be applied consistently and to all states their population suffer from disasters.
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Tursunbaeva, N. "The United Nations Human Rights Committee and the Citizens of the Kyrgyz Republic: Analysis of Practice." Bulletin of Science and Practice 6, no. 6 (June 15, 2020): 252–60. http://dx.doi.org/10.33619/2414-2948/55/33.
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The UN Human Rights Committee is a mechanism for the protection of human rights specified in the International Covenant on Civil and Political rights. States that have ratified this international Treaty are obligated to respect these rights. Individuals who believe that their rights have been violated by a state party can file a complaint with the UN Human Rights Committee and, if the complaint is considered admissible, their application is accepted for consideration. Since the Kyrgyz Republic became a party to the International Covenant on civil and political rights citizens were given the opportunity to defend their rights in an international institution when national remedies failed. Data and quantitative indicators of appeals against the Kyrgyz Republic to the UN Human Rights Committee are presented. The analysis of these data on the recognition of violations by the state or their absence is carried out. At the same time, it was revealed that in recent years there has been an increase in the number of appeals against the Kyrgyz Republic. Consideration of issues related to compliance with the recommendations of the UN Human Rights Committee has led to the identification of problems with the lack of such systematic data. As a result, the author proposed measures to help reduce violations of civil and political human rights in the Kyrgyz Republic, as well as recommendations with changes in the legal norm, in order to provide access to data on the measures taken by the Kyrgyz Republic to consider each recommendation of the UN Human Rights Committee.
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Alhajjaji, Hajaj Naji Nasr. "Criminal Responsibility for The Crime of Torture under Investigation According to The Federal Penal Code of The United Arab Emirates." Al Hikmah International Journal of Islamic Studies and Human Sciences 5, no. 2 (May 30, 2022): 158–75. http://dx.doi.org/10.46722/hkmh.5.2.22g.
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Despite the civilized human and legal progress that humanity is witnessing, the acts of torture committed by public officials against the accused in order to get them to confess to the crimes they are suspected of committing are still continuing, and this is a clear violation of all international and national norms and laws that criminalize these acts, as this research aims To clarify the legal framework for the crime of torturing the accused to drive a confession in accordance with the Federal Penal Code of the United Arab Emirates, and to distinguish between this crime and other crimes with similar acts, by answering the following study questions: What is the concept of the crime of torture? And what are its pillars? And the components of this crime? How can this crime be distinguished from other similar crimes? , where the descriptive analytical method was followed in this study, and at the end of this study several results were reached, the most important of which are: the hypnosis, the lie detector, the prolonged interrogation, the interrogation under the influence of anesthesia (the truth drug), put pressure on the freedom of the accused to defend himself And that the legislator in the UAE has referred the result of the infringing intent represented in the death of the victim to the crime of manslaughter, based on the text of the first paragraph of Article No. 387 of the Federal Penal Code.
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Zab Un Nisa, Gul e Zahra, and Syed Waqas Ali Bokhari. "The Syrian Peace Process: How Syria Can attain Perpetual Peace?" Global Strategic & Securities Studies Review V, no. III (September 30, 2020): 78–86. http://dx.doi.org/10.31703/gsssr.2020(v-iii).09.
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The Civil wars only can end by the total victory of one party against the other or through the table-talks. The progress about the political settlement of the Syrian crisis has stalled, and the Syrian regime did not show preparedness to accompanying its opponents. The regime cannot provoke directly with turkey and United States to asserts its influence in the north and eastern part of Syria. There is no political peace process to bring the fruits to date. As laid out under the United Nations Security Council UNSC in pursuance of 2254 resolution, the Geneva process has stuck. The mediation process under the United Nations is centrally focusing on establishing the legally bounded committee with the equal presentation of all stakeholders in this legal body or committee, significantly the regime, the opposition and the civil society inside Syria. The resolution was passed totally in December 2015, the said resolution drawn on four steps to ensuring the long-lasting resolution of the Syrian conflict.
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Senders, Mignon. "Women and the Right to Adequate Housing." Netherlands Quarterly of Human Rights 16, no. 2 (June 1998): 175–200. http://dx.doi.org/10.1177/092405199801600204.
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In August 1997, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities adopted a resolution entitled ‘Women and the right to adequate housing and to land and property’. This resolution was the first of its kind, recognising the specific problems that women encounter when pursuing their right to adequate housing. This article deals with the legal foundations of the right to adequate housing in United Nations instruments. Since women face particular problems with regard to this right – direct violations such as discrimination but also problems as a result of poverty and their social position – these difficulties will be addressed. An overview is given of action that has been taken by various UN organs and bodies, especially the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination Against Women. The adopted Sub-Commission resolution is dealt with in detail.
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Mujuzi, Jamil Ddamulira. "Extradition Between European and African Countries: Overcoming the Challenges." European Criminal Law Review 11, no. 3 (2021): 288–319. http://dx.doi.org/10.5771/2193-5505-2021-3-288.
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Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.
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YAMELSKA, Khrystyna. "The legal meaning of the terms "torture", "inhuman treatment or punishment", "degrading treatment or punishment" and their distinction in the decisions of the European commission of human rights and the European court of human rights." Economics. Finances. Law, no. 6 (June 18, 2021): 26–33. http://dx.doi.org/10.37634/efp.2021.6.6.
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The paper reveals the legal meaning of the terms "torture", "inhuman treatment or punishment", "treatment or punishment that degrades human dignity". A distinction between these concepts is made on the examples of court decisions of European courts, taking into account the individual circumstances of each case. The genesis of the origin of the above concepts is investigated through a prism of the decisions of the European Commission of Human Rights and the European Court of Human Rights. The paper reveals the absolute nature of the "jus cogens" norm of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author proposes to modernize the Ukrainian criminal legislation on the reception of the position of the European Court of Human Rights on the delimitation of these concepts. In contrast to the European convention regulation of ill-treatment, torture, inhuman or degrading treatment or punishment, the author notes that the Ukrainian legislation regulates this issue quite succinctly. The Article 127 of the Criminal Code of Ukraine provides a definition only of torture, which in essence coincides with the definition of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the position of the European Court of Human Rights. The paper notes that the practice of Ukrainian courts shows that a distinction (similar to that provided by the European Court of Human Rights) is not implemented.