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Torture and its Definition in International Law: An Interdisciplinary Approach

Torture and its Definition in International Law: An Interdisciplinary Approach

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199374625
  • 出版时间 October 2017
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture.

    Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept.

    With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.

  • Background
    A theory- and evidence-based approach in understanding torture
    Preparation of the book
    Why revisit U.S. experience with "enhanced interrogation techniques"?
    Challenges in reconciling law with science
    References
    Preview of Contents
    Part I: Behavioral science perspectives
    Part II: International law perspectives
    Part III: "Enhanced interrogation techniques: Definitional issues
    Part IV: Discussion and conclusions
    PART I
    BEHAVIORAL SCIENCE PERSPECTIVES
    1. A theory- and evidence-based approach to definition of torture
    METIN BASOGLU
    Introduction
    A learning theory model of trauma
    Mental pain or suffering: Definitional and methodological issues in assessment
    Mental pain or suffering: Definitional Issues
    Contextual determinants of mental pain or suffering
    Assessment and measurement of mental pain or suffering
    Captivity stressors associated with severe mental pain or suffering
    A learning theory formulation of torture
    Cumulative versus individual-method-based approach to torture
    Distinction between torture and CIDT in international law
    Torture by non-State actors
    Torture and gender-based violence
    Implications for emerging trends in interpretation of torture
    Concluding comments
    References
    2. Control as a defining characteristic of torture: A learning theory analysis of the Kubark interrogation manual
    HERNÁN REYES and METIN BASOGLU
    Introduction
    Defining control: Captor's perspective
    Non-coercive interrogation
    Coercive interrogation
    Conclusions
    References
    3. A battle for control: Resisting torture and cruel, inhuman and degrading treatment at Guantánamo
    K. ALEXA KOENIG
    Introduction
    Methods
    A learning theory of torture
    A learning theory analysis of captivity experiences in Guantánamo
    Sensory deprivation
    Sexualized violence
    Linguistic and cultural isolation
    Indefinite detention
    Resistance to Institutional Control
    Implications for the definition of torture
    Conclusion
    References
    4. An evolutionary approach to humiliation and shame induced by inhuman and degrading treatment
    KAJ BJÖRKQVIST
    Introduction
    The concepts of humiliation and shame
    Nonverbal signals of shame
    The evolution of shame
    Social pain
    Further evidence for the social pain hypothesis
    Social defeat as a stressor
    Concluding remarks
    References
    5. Domestic violence and torture: A theoretical and empirical comparison
    EBRU SALCIOGLUand METIN BASOGLU
    Introduction
    Definition of gender-based violence
    Prevalence of domestic violence
    Physical and mental health and effects of domestic violence in women
    A comparative study of domestic violence and torture
    Samples
    Assessment measures
    Findings
    Nature and severity of trauma
    Fear and helplessness effects
    PTSD and depression
    Mechanisms of traumatic stress
    Discussion
    References
    6. Contexts of Ill Treatment: The Relationship of Captivity and Prison Confinement to CIDT and Torture
    CRAIG HANEY and SHIRIN BAKHSHAY
    Introduction
    The Psychological dimensions of CIDT and torture
    Conditions of confinement and the facilitation of ill-treatment
    The nature and effects of adverse captivity
    The painful and traumatic nature of prison life
    The psychic cost of "coping" in confinement
    New research on prison effects and the new prison form
    Exacerbating the effects of CIDT and torture in a context of captivity
    Conditions of confinement as CIDT and torture per se
    Conclusion
    References
    7. The Meaning of Psychological Trauma
    RICHARD J. MCNALLY
    The meaning of psychological trauma
    The emergence of Posttraumatic Stress Disorder
    Symptoms of PTSD
    The evolving concept of trauma in the DSM
    Psychological trauma in DSM-III
    Psychological trauma in DSM-III-R
    Psychological trauma in DSM-IV
    Psychological trauma in DSM-5
    Psychological trauma: Further complexities
    Psychological versus physical trauma
    The dose-response model of trauma
    Guilt, shame, and trauma
    Trauma in historical context
    Implications for CIDT
    Conclusions
    References
    PART II
    INTERNATIONAL LAW PERSPECTIVES
    8. Evolving Standards for Torture in International Law
    JUAN E. MÉNDEZ and ANDRA NICOLESCU
    Introduction
    The absolute prohibition of torture and other ill-treatment in international law
    The definition of torture and other cruel, inhuman and degrading treatment in
    international law
    The constitutive elements of the definition of torture and the evolution of the legal
    framework
    Nature of the act and intensity of pain and suffering
    Purpose
    Intent
    State involvement, treatment in private institutions and private actors
    Gradual evolution of the definition of torture and incorporation of domestic
    violence and FGM into the definition of torture and other ill-treatment
    Evolution of the framework to apply to abuses in health-care settings: A new
    normative framework
    The application of the constitutive elements of the definition of torture and other ill-treatment in health-care settings and examples of abuses in health-care settings amounting to torture or other ill-treatment
    Reproductive rights violations
    People who use drugs and compulsory detention for medical conditions
    Denial of pain treatment
    Treatment of lesbian, gay, bisexual, transgender, and intersex persons in
    health-care settings
    The treatment of persons with psychosocial and other disabilities -
    A paradigm shift influenced by the CRPD
    A learning theory model of torture: Reconciling evidence-based and international
    law approaches to torture and other ill-treatment
    9. The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: The absolute prohibition and the obligation to prevent
    NORA SVEAASS
    Introduction
    Torture and State responsibility
    The definition of torture and ill-treatment
    The relationship between infliction of pain and its consequences
    What does ratification of the Convention Against Torture imply?
    Reporting obligations
    The substantial obligations
    The definition of torture as a criminal offence (Article 1 & Article 4)
    Prohibition (Art.
    2)
    Accountability (Art.
    2 & Art.
    4)
    Prevention (Art.
    2)
    Gender-related Crimes
    Discrimination
    Persons with disabilities
    Minors
    Training (Art.
    10)
    Redress after torture and ill-treatment (Art.
    14)
    Concluding comments
    References
    10. Making human rights sense of the torture definition

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