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Author: Jinee Lokaneeta
Publisher: NYU Press
ISBN: 0814752802
Category : Law
Languages : en
Pages : 304
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Book Description
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Author: Jinee Lokaneeta
Publisher: NYU Press
ISBN: 0814752802
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Author: Jinee Lokaneeta
Publisher: NYU Press
ISBN: 1479816957
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Author: Craig Martin Scott
Publisher: Bloomsbury Publishing
ISBN: 1847316808
Category : Law
Languages : en
Pages : 493
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Book Description
The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author: Melanie Collard
Publisher: Routledge
ISBN: 1315456117
Category : Social Science
Languages : en
Pages : 352
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Book Description
Can we understand torture by focusing on the torture chamber or even on the states in which it is practiced, or do we have to consider the wider political context in which it is embedded? This is the central question of this book which explores concepts of state crime for understanding and responding to the indirect use of torture by external nation states. Drawing on the cooperation between France and Argentina in Argentina's Dirty War, this book explores the utility of the concept of state crime for understanding and responding to the indirect use of torture by external nation states with a detailed examination of the exportation of torture techniques and training expertise as complicity in torture. Discussing the institutionalisation of torture in its international structural context, this book focuses on examining three alleged manifestations of the torturer: direct perpetrator, institutional perpetrator, and transnational institutional perpetrator. Important reading for those in the fields of criminology, sociology, international relations and human rights law, this book will also be of key interest to scholars and students in the areas of state crime, human rights and imperialism.
Author: Amnesty International
Publisher:
ISBN: 9780862104948
Category :
Languages : en
Pages : 324
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Book Description
Author: Nina Reiners
Publisher: Cambridge University Press
ISBN: 1108845541
Category : Law
Languages : en
Pages : 215
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Book Description
Explores how expert bodies and non-state empowered professionals come together to shape human rights law.
Author: United States. Congress Senate
Publisher:
ISBN:
Category :
Languages : en
Pages : 2588
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Book Description
Author: Thomas W. Simon
Publisher: Springer
ISBN: 1137415118
Category : Political Science
Languages : en
Pages : 342
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Book Description
We are understandably reluctant to "rank" moral atrocities. What is worse, genocide or terrorism? In this book, Thomas W. Simon argues that politicians use this to manipulate our sense of injustice by exaggerating terrorism and minimizing torture. He advocates for an international criminal code that encourages humanitarian intervention.
Author: William J Aceves
Publisher: BRILL
ISBN: 9047431235
Category : Law
Languages : en
Pages : 817
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Book Description
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
Author: Deana Heath
Publisher: Oxford University Press
ISBN: 0192646168
Category : History
Languages : en
Pages : 256
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Book Description
Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.
