The Treatment of Prisoners under International Law

Rodley, Nigel

doi:10.1093/acprof:osobl/9780199693566.001.0001

Cited by 44 publications

(15 citation statements)

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“…An absolute degree of pain or suffering that sets the threshold for torture and other illtreatment has not been established (Maculan, 2015), given that there is no objective method to measure pain or suffering and there is an enormous variation in physical pain sensitivity and mental suffering between different people (Başoğlu et al, 1997;Fillingim, 2005;Reyes, 2007). Factors related to torture itself, its physical effects and the general context in which it is inflicted also have to be taken into account (Maculan, 2015;Pérez-Sales, 2017;Reyes, 2007;Rodley & Pollard, 2009). It is difficult to reconcile the complexity of measuring the severity of pain or suffering with the legal need for certainty in understanding where the threshold for severe pain or suffering is.…”

Section: The Difficulty Of Measuring the Severity Of Sufferingmentioning

confidence: 99%

“…1 However, UN treaty bodies interpret that the legal distinction between torture and inhuman or degrading treatment bears little relevance, 2 a view supported by research indicating that the severity of mental suffering inflicted by torture and other forms of ill-treatment is similar (Başoğlu et al, 2007). It has been proposed, therefore, that a common severity threshold should apply to both torture and cruel or inhuman treatment (Rodley & Pollard, 2009). With the exception of certain acts generally considered torture per se due to the intensity of suffering inflicted 3 (Maculan, 2015), it is necessary to evaluate whether the degree of severity reaches the common threshold to determine whether an act falls within the prohibition of torture and other ill-treatment.…”

Section: Introductionmentioning

confidence: 99%

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The potential of epigenetic methods to provide evidence of torture

Suárez‐López

2020

torture

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Introduction: The last five decades have wit- nessed a transition from brutal forms of physi- cal torture to other physical and psychological methods that do not leave marks on the body. Providing evidence of these types of torture is often a challenge. Finding biological markers of torture would potentially contribute to solve this problem. Methods: Scientific literature review. Results: Methods to analyse certain biological marks present in the genetic material (the DNA), called epigenetic marks, have been developed in recent years. These marks can change in response to environmental factors, but these changes do not alter the genetic information contained in the DNA. Changes in epigenetic marks have been correlated with traumatic stress. Given that torture is an extreme form of trauma, this article argues that torture may also be associated with epigenetic changes. Discussion: Epigenetic methods offer a new tool that might be useful for the medico-legal documentation of cases of torture. Given that these methods have not been used for this purpose yet, they should be tested. Whether they have potential to contribute to determine the severity of suffering, establish a severity threshold or design strategies for the rehabilitation of torture survivors is discussed. The advantages and limitations of these methods, as well as ethical implications, must be taken into account.

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Section: The Difficulty Of Measuring the Severity Of Sufferingmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The potential of epigenetic methods to provide evidence of torture

Suárez‐López

2020

torture

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“…The term "extrajudicial killing" means killing someone without following the legal justice system, laws, and constitution [6]. Killings committed outside the judicial process by or with the consent of public officials, other than as necessary measures of law enforcement to protect life or as acts of armed conflict carried out in conformity with the rules of international humanitarian law is called extrajudicial killing [7]. Such killings are prohibited by Bangladesh's Constitution and national laws, as well as by various international instruments that Bangladesh has ratified.…”

Section: Crossfire and Extra-judicial Killingmentioning

confidence: 99%

Crossfire and Violation of Human Rights in Bangladesh: A Critical Review

Mollah

2019

SIJLCJ

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The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Why the protectors become perpetrators has also explored in this paper by highlighting the pattern of violations made by the law enforcing agency and their impact upon the law and order situation in Bangladesh. The law enforcing agencies are mainly responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a state. However, the violation of human rights by the law enforcing agencies in Bangladesh has been increasing severely for the last few years. The existing legal framework of law enforcing agencies has some limitations and not implemented properly. Some recommendations are put forwarded for the eradication of the pitfalls of security forces which would be helpful for making new policies and laws by the government. As a result, common people interest and rights will be protected and promoted. The paper is qualitative in nature and case study on Bangladesh based on mainly secondary sources of materials.

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“…A similar coalition succeeded in moving the UN's human rights institutions from New York to Geneva (Korey 1998:90). While under attack, the expansion of UN human rights institutions offered also new opportunities for human rights groups (1) to use the proceedings of the UN human rights institutions to submit reports and expose state violations (Rodley 1987;Korey 1998: ch. 11;Treves et al 2005); (2) to further strengthen international human rights institutions (Otto 1996;Gaer 1996;Clark 2001;Khagram et al 2002;Martens 2006;Joachim 2007); or (3) to lobby for mandate changes in other international institutions (Nelson 2000;O'Brien et al 2000;Oestreich 2007).…”

Section: Transnational Activism and International Institutionsmentioning

confidence: 99%

Transnational Human Rights Networks: Significance and Challenges

Schmitz¹

2018

Oxford Research Encyclopedia of International Studies

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Transnational human rights networks refer to a form of cross-border collective action that seeks to promote compliance with universally accepted norms. Principled transnational activism began to draw sustained scholarly attention after the adoption of the Universal Declaration of Human Rights in 1948 and the creation of a new type of information-driven and impartial transnational activism, embodied in organizations such as Amnesty International and Human Rights Watch. Scholarship on transnational human rights networks emerged during the 1990s within the subfield of International Relations and as a challenge to the state-centric and materialist bias of the field. In their 1998 book Activists beyond Borders: Advocacy Networks in International Politics, Margaret Keck and Kathryn Sikkink describe the key role that transnational human rights groups play in global affairs. Focusing on rights-based activism, Keck and Sikkink show how transnational advocacy networks (TANs) can influence domestic politics. The concept of TANs is dominated by the purposeful activism of nongovernmental organizations and driven by shared principles, not professional standards. A number of studies have challenged the core assumptions about the effectiveness of principled human rights activism, arguing that international support plays no significant role compared to the autonomous efforts of domestic activists. One way to overcome these challenges and criticisms is for the transnational activist sector, as well as other types of non-state actors, to move beyond the principles/interests dichotomy and take a closer look at the internal dynamics of participant NGOs.

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The Treatment of Prisoners under International Law

Cited by 44 publications

References 0 publications

The potential of epigenetic methods to provide evidence of torture

The potential of epigenetic methods to provide evidence of torture

Crossfire and Violation of Human Rights in Bangladesh: A Critical Review

Transnational Human Rights Networks: Significance and Challenges

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