Torture and Its Definition In International Law

An Interdisciplinary Approach

Buch | Softcover

576 Seiten

2017
Oxford University Press Inc (Verlag)
978-0-19-937462-5 (ISBN)

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This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

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.

Metin Başoğlu, M.D., Ph.D., Professor of Psychiatry, is founder and currently co-Director of the Istanbul Center for Behavior Research and Therapy (DABATEM) in Turkey. He has conducted extensive research on war, torture, and earthquake trauma and treatment of survivors. He is internationally recognized as one of the most prominent authorities in his field.

Preface
Contributors
Introduction
Metin Ba,so&glu

PART I: Behavioral Science Perspectives
1. A Theory- and Evidence- Based Approach to the Definition of Torture
Metin Ba,so&glu
2. Control as a Defining Characteristic of Torture: A Learning Theory Analysis of the Kubark Interrogation Manual
Hernán Reyes and Metin Basoglu
3. A Battle for Control: Resisting Torture and Cruel, Inhuman, or Degrading Treatment at Guantánamo
K. Alexa Koenig
4. An Evolutionary Approach to Humiliation and Shame Induced by Inhuman and Degrading Treatment
Kaj Björkqvist
5. Domestic Violence and Torture: A Theoretical and Empirical Comparison
Ebru Salcioglu and Metin Basoglu
6. Contexts of Ill Treatment: The Relationship of Captivity and Prison Confinement to Cruel, Inhuman, or Degrading Treatment and Torture
Craig Haney and Shirin Bakhshay
7. The Meaning of Psychological Trauma
Richard J. Mcnally

PART II: International Law Perspectives
8. Evolving Standards for Torture in International Law
Juan E. Méndez and Andra Nicolescu
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
10. Making Human Rights Sense of the Torture Definition
Yuval Ginbar
11. The Gendered Dimensions of Torture: Rape and Other Forms of Gender- Based Violence as Torture Under International Law
Lisa Davis

PART III: "Enhanced Interrogation Techniques": Definitional Issues
12. The Cumulative Effect: A Medicolegal Approach to US Torture Law and Policy
Eric Stover, K. Alexa Koenig, and Laurel E. Fletcher
13. Definition of Torture in US Law: Does It Provide Legal Cover for "Enhanced Interrogation Techniques"?
Metin Basoglu
14. Powerlessness as a Defining Characteristic of Torture: Comments on Basoglu's "Definition of Torture in US Law"
Manfred Nowak
15. From Complicity to Impunity: Medical Participation and the Definition of Torture at the Central Intelligence Agency
Leonard S. Rubenstein

PART IV: Discussion and Conclusions
16. Discussion and Conclusions
Metin Basoglu

Erscheinungsdatum	15.02.2018
Verlagsort	New York
Sprache	englisch
Maße	231 x 155 mm
Gewicht	794 g
Themenwelt	Geisteswissenschaften ► Psychologie ► Klinische Psychologie
	Medizin / Pharmazie ► Medizinische Fachgebiete ► Medizinethik
	Studium ► Querschnittsbereiche ► Geschichte / Ethik der Medizin
	Recht / Steuern ► EU / Internationales Recht
	Sozialwissenschaften ► Soziologie
ISBN-10	0-19-937462-7 / 0199374627
ISBN-13	978-0-19-937462-5 / 9780199374625
Zustand	Neuware