The Treatment of Prisoners: Legal, Moral Or Criminal?
Nova Publishers, 2006 - 254 էջ
The United States has long adhered to the rules regarding the treatment of prisoners as set forth by the Geneva Convention. Following the terrorist attacks of 9/11, however, special prisons, such as Guantanomo Bay, Abu Ghraib, and other prisons located around the world that are referred to as dark sites were opened for the confinement and interrogation of suspected enemy combatants. Media outlets and books have partially exposed occurrences of various degrees of torture taking place in these facilities. These reports have generated a vigorous debate in the U.S. and the United Nations about the legality and morality of such treatments. This book presents recent analyses of these developments.
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DETENTION OF US CITIZENS
LAWFULNESS OF INTERROGATION TECHNIQUES UNDER THE GENEVA CONVENTIONS
OVERVIEW AND ANALYSIS OF SENATE AMENDMENT CONCERNING INTERROGATION OF DETAINEES
GUANTANAMO DETAINEES HABEAS CORPUS CHALLENGES IN FEDERAL COURT
TREATMENT OF BATTLEFIELD DETAINEES IN THE WAR ON TERRORISM
RENDITIONS CONSTRAINTS IMPOSED BY LAWS ON TORTURE
UN CONVENTION AGAINST TORTURE CAR OVERVIEW AND APPLICATION TO INTERROGATION TECHNIQUES
THE UN CONVENTION AGAINST TORTURE OVERVIEW OF US IMPLEMENTATION POLICY CONCERNING THE REMOVAL OF ALIENS
According action activity Administration aliens amendment appears apply argued armed conflict armed forces Army Attorney authority belligerent CAT Article challenge charged circumstances citizens civilians claim committed Committee concerning conduct Congress considered constitutional Court criminal cruel custody decision Defense defined degrading treatment Department described detainees detention determined effect Emergency enemy combatants entitled established executive extradition federal Geneva Conventions habeas corpus held hostilities implementing individual inhuman international law interpretation interrogation issue jurisdiction Justice legislation limited military military commission obligations occur officials particular parties persons physical practice present President prisoners prisoners of war procedures prohibited protected punishment Qaeda question regarding regulations removal rendered renditions Report respect rules Senate standards status suffering supra note Supreme Court techniques territory terrorism terrorist torture transfer treated treatment trial tribunal United unlawful violation
Էջ 63 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Էջ 208 - No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Էջ 220 - Courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations or a treaty of the United States...
Էջ 45 - Whether the president in fulfilling his duties, as commander-in-chief, in suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarming proportions as will compel him to accord to them the character of belligerents, is a question to be decided by him, and this court must be governed by the decision and acts of the political department of the government to which this power was entrusted. 'He must determine what degree of force the crisis demands.
Էջ 224 - torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such...
Էջ 83 - ... from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Էջ 7 - So long as such arrests are made in good faith and in the honest belief that they are needed in order to head the insurrection off, the Governor is the final judge and cannot be subjected to an action after he is out of office on the ground that he had not reasonable ground for his belief.
Էջ 162 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War...