Authors: Nigel Rodley, Matt Pollard
ISBN-13: 9780199215072, ISBN-10: 0199215073
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: October 2009
Edition: (Non-applicable)
Sir Nigel Rodley KBE, PhD is Professor of Law and Chair of the Human Rights Center, University of Essex. He is an elected member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. He is also a Commissioner of the International Commission of Jurists. He has taught in North America and the UK. He founded Amnesty International's Legal Office in 1973 and ran it till 1990. He was the UN Special Rapporteur on Torture from 1993 to 2001. His work for Amnesty International and the United Nations allowed him to participate in the development of the field covered by the book. He was knighted in the 1998/1999 New Year's Honours' for services to human rights and international law'.
Matt Pollard is Legal Adviser to Amnesty International in London, and the Association for the Prevention of Torture in Geneva who assisted Sir Nigel Rodley in writing this edition.
This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law.
The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one.
Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm.
Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behavior (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.
Selected Abbreviations | ||
Table of Treaties and Other International Instruments | ||
Table of Cases | ||
General Introduction | 1 | |
1 | The Response of the United Nations General Assembly to the Challenge of Torture | 18 |
2 | The Legal Prohibition of Torture and Other Ill-treatment | 46 |
3 | What Constitutes Torture and Other Ill-treatment? | 75 |
4 | The Legal Consequences of Torture and Other Ill-treatment | 107 |
5 | International Remedies for Torture and Other Ill-treatment | 134 |
6 | Extra-legal Executions | 177 |
7 | The Death Penalty | 204 |
8 | 'Disappeared' Prisoners: Unacknowledged Detention | 243 |
9 | Conditions of Imprisonment or Detention | 277 |
10 | Corporal Punishment | 309 |
11 | Guarantees Against Abuses of the Human Person: Arbitrary Arrest and Detention | 325 |
12 | International Codes of Ethics for Professionals | 354 |
General Conclusion - An Agenda | 385 | |
Annex 1 | Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | 389 |
Annex 2a | Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | 391 |
Annex 2b | Inter-American Convention to Prevent and Punish Torture | 402 |
Annex 2c | European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment | 407 |
Annex 3 | Standard Minimum Rules for the Treatment of Prisoners | 413 |
Annex 4 | Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment | 428 |
Annex 5a | Code of Conduct for Law Enforcement Officials | 436 |
Annex 5b | Basic Principles on the Use of Force and Firearms by Law Enforcement Officials | 440 |
Annex 5c | Declaration on the Police - Part A | 445 |
Annex 6 | Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | 447 |
Annex 7 | Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary, and Summary Executions | 449 |
Annex 8a | Declaration on the Protection of All Persons from Enforced Disappearance | 453 |
Annex 8b | Inter-American Convention on the Forced Disappearance of Persons | 459 |
Annex 9a | Geneva Conventions of 12 August 1949 - Common Article 3 | 465 |
Annex 9b | International Covenant on Civil and Political Rights - Articles 6, 7, 9, and 10 | 466 |
Annex 9c | European Convention on Human Rights - Articles 2, 3, and 5 | 468 |
Annex 9d | American Convention on Human Rights - Articles 4, 5, and 7 | 470 |
Annex 9e | African Charter on Human and Peoples' Rights - Articles 4-7 | 472 |
Index | 473 |