The Treatment of Prisoners: Legal, Moral Or Criminal?

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Nova Publishers, 2006 - Всего страниц: 254
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 AMERICAN CITIZENS AS ENEMY COMBATANTS
1
DETENTION OF US CITIZENS
53
LAWFULNESS OF INTERROGATION TECHNIQUES UNDER THE GENEVA CONVENTIONS
61
OVERVIEW AND ANALYSIS OF SENATE AMENDMENT CONCERNING INTERROGATION OF DETAINEES
97
GUANTANAMO DETAINEES HABEAS CORPUS CHALLENGES IN FEDERAL COURT
103
TREATMENT OF BATTLEFIELD DETAINEES IN THE WAR ON TERRORISM
129
RENDITIONS CONSTRAINTS IMPOSED BY LAWS ON TORTURE
183
UN CONVENTION AGAINST TORTURE CAR OVERVIEW AND APPLICATION TO INTERROGATION TECHNIQUES
207
THE UN CONVENTION AGAINST TORTURE OVERVIEW OF US IMPLEMENTATION POLICY CONCERNING THE REMOVAL OF ALIENS
225
INDEX
245
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Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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...

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