scholarly journals Torture laid bare

2017 ◽  
Vol 16 (3) ◽  
pp. 434-452
Author(s):  
Annabelle Mooney
Keyword(s):  
Social Welfare ◽  
International Law ◽  
Severe Pain ◽  
The State ◽  
Pain And Suffering ◽  
Benefit Sanctions ◽  
Definition Of

Abstract Torture, while internationally sanctioned, is not well-defined. This paper sets out a Minimal English definition of the crime of ‘torture’ in international law. The four elements of torture are: (1) infliction of severe pain and suffering (2) acting with intent (3) for a purpose (4) by the state. The connection between intention and outcome is considered in the light of presumptions. I then briefly consider the concept of ‘lawful sanctions’ and the UN Standard Minimum Rules that apply to the treatment of prisoners to establish a baseline against which allegations of torture can be measured. Finally, I argue that current regimes of British benefit sanctions, whereby social welfare payments are stopped, may in some cases constitute torture. This argument considers the effects of sanctions and the discourses and ideologies attached to social welfare claimants.

Evolving Standards for Torture in International Law

2017 ◽  
Author(s):  
Juan E. Méndez ◽  
Andra Nicolescu
Keyword(s):  
International Law ◽  
Medical Necessity ◽  
Persons With Disabilities ◽  
Genital Mutilation ◽  
Legal Definition ◽  
Pain And Suffering ◽  
The Subject ◽  
Definition Of ◽  
Gray Areas ◽  
Female Genital

The legal definition of torture is not limited to pain and suffering inflicted during interrogation or as punishment. Other practices, like domestic violence and female genital mutilation, have gradually been incorporated into the definition of torture and other ill-treatment. The absolute prohibition of torture extends to practices justified on grounds of “medical necessity” or “therapeutic purpose,” but which nevertheless inflict pain crossing the requisite threshold of severity, including the denial of pain relief and legally available abortions, or practices affecting persons with psychosocial disabilities or suffering from drug addiction. This chapter illustrates the gray areas where health care and the prohibited infliction of pain collide, discussing the rapidly evolving legal definition of torture and concepts like legal capacity, consent, and medical necessity. It recognizes that international law on the subject is far from settled, especially with regard to standards enacted by the recent Convention on the Rights of Persons With Disabilities.

The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?

2013 ◽  
Vol 26 (1) ◽  
pp. 105-125 ◽  
Author(s):  
MATTEO SARZO
Keyword(s):  
International Law ◽  
The State ◽  
Dark Side ◽  
Individual Rights ◽  
Sensitive Questions ◽  
International Jurisdiction ◽  
State Immunity ◽  
Procedural Rule ◽  
The Icj ◽  
Definition Of

AbstractThe following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Criminal Responsibility of States In International Law: Rethinking Or Permanent Abandonment of the Concept?

2021 ◽  
pp. 143-168
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
International Organizations ◽  
Criminal Responsibility ◽  
The State ◽  
Legal Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
International Obligation ◽  
Definition Of ◽  
Peremptory Norms

The responsibility of states and international organizations is an essential issue of contemporary international law. All other debates in this branch of law seem to follow up on this issue. In fact, whenever a state violates its international obligation, the question of the responsibility of such a state arises. However, in addition to being essential, this issue is also an extremely politically sensitive area, as only some states, guided mainly by demand for respect for their territorial sovereignty and the principle of equality of all states, are willing to accept all the consequences of such behavior in international relations with other subjects of international law, while those that consider themselves more equal than others (primus inter pares), particularly the great world powers, will be largely reluctant to accept legal responsibility for their illegal acts, and especially for the commission of international crimes in the narrow sense, which includes the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. With international organizations, the problems in this regard are perhaps even greater.In this paper we examine the meaning of further survival of the concept of criminal responsibility of states and international organizations, wanting to examine the concept and definition of criminal responsibility of transnational corporations at the international level, while in the second part of the article we try to shed a light on political-legal responsibility. In addition to the fact that this concept is probably unsustainable under international law, it seems that the approach to advocating for the criminal responsibility of the state, as well as international organizations, is unnecessary. Therefore, we should work on building and thoroughly elaborating the concept of international responsibility of the state and the international organization in the conditions of international crimes stricto sensu, in other words, serious breaches of obligations arising from peremptory norms of general international law. In this way, without creating legally unsustainable constructions, essentially the same goal would be achieved.

scholarly journals Kankinimo samprata tarptautinėje teisėje

Teisė ◽  
2009 ◽  
Vol 71 ◽  
pp. 7-24
Author(s):  
Romualdas Drakšas ◽  
Regina Valutytė
Keyword(s):  
International Law ◽  
Severe Pain ◽  
Criminal Responsibility ◽  
Definition Of ◽  
State Liability ◽  
Individual Criminal Responsibility

Straipsnyje nagrinėjama kankinimo samprata tarptautinėje teisėje: detalizuojami sudedamieji kankini­mo sąvokos elementai, atskleidžiamos jų turinio nustatymo problemos. Autoriai analizuoja, kas lėmė tarptautinėje teisėje vyraujančios kankinimo sąvokos, siejamos su tyčiniu specialaus subjekto veikimu ar neveikimu, kuriuo aukai sukeliamas stiprus fizinis ar psichinis skausmas ar kančia, nustatymą. Įvardijami kankinimo sampratos skirtumai, atsižvelgiant į tai, ar tarptautinės teisės nuostatomis reguliuojama in­dividuali asmens baudžiamoji ar valstybės, pažeidusios tarptautinius įsipareigojimus, atsakomybė. The article covers the analysis of the concept of torture in international law: it elaborates the elements of the definition of torture and deals with the problems of determination of their content. The authors analyze the factors that might have influenced the establishment of the definition of torture that prevails in international law and is associated with intentional conduct of a public officer causing severe pain or suffering, whether physical or mental. The article also identifies the differences in the concept of torture as a basis for individual criminal responsibility and state liability for infringement of international com­mitments.

Special Act on the Interpretation of Law – Dictates of the Time!

2020 ◽  
Vol 2 (2) ◽  
pp. 29-48
Author(s):  
I. A. Fargiev ◽  
Keyword(s):  
International Law ◽  
Theoretical Basis ◽  
The State ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
Constant Attention ◽  
Dialectical Relationship ◽  
The Law ◽  
Definition Of ◽  
Relationship Of

Introduction. As a result of the Russian legal reform, a new legal system was formed; an important feature of which is the power of a lawyer to interpret various forms of national and international law implemented by the state. The scientific understanding of the interpretation of the law has significant gaps which make it difficult to apply in practice. Theoretical basis. Methods. The theoretical basis of the study was the work of Russian and foreign scientists on the interpretation of law. Research methods were as follows: systematic, historical, formally logical, comparative approaches, interpretation of legal and philosophical ideas. Results. The article presents the author’s opinions on problematic issues of the theory and practice of interpretation of law, which are the subject of constant attention of legal scholars, law-makers and law enforcement agencies. The author justifies the need to adopt a special law on normative legal acts, which should give a legal definition of “interpretation of law”, establish a procedure for the interpretation of law, fix the range of subjects of interpretation and other important scientific and applied issues. Discussion and Conclusion. The term “interpretation”, in modern legislation, is used to address the issue of official clarification and explanation of the content of norms and principles of international law employed in developing a multi-level system of forms of national and/or international law, which is then implemented by the state. Other interpretations of the law, referred to as doctrinal, ordinary, professional, etc, can be called a conditional interpretation of the law. Using scientific conclusions about the dialectical relationship of law with philosophy and sociology, history and politics, economics and ideology, etc, the author came to conclusion that there is a need to adopt a special law on the interpretation of law.

Part III The Current International Law of State Immunity, 10 The Definition of the Foreign State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Internal Structure ◽  
The State ◽  
Legal Person ◽  
State Immunity ◽  
General Law ◽  
Foreign State ◽  
The Subject ◽  
Definition Of ◽  
Domestic Law

This chapter sets out definition of the State to which the rule of immunity applies, which is an important element in the operation of the rules and UNCSI's treatment of this subject. In conjunction with this, the chapter discusses two (of three) aspects of the State within the context of State immunity: the external attributes of the State as a legal person by reference to international law; and the internal attributes of the State, as determined by its constitutional and domestic law, which make up its internal structure comprising its organs, departments, agencies, and representatives. Both the external and internal attributes of statehood are also the subject of the general law relating to the State as a subject of international law.

The Disappearance of Strikes in Tanzania: Incomes Policy and Industrial Democracy

1979 ◽  
Vol 17 (2) ◽  
pp. 219-251 ◽  
Author(s):  
Dudley Jackson
Keyword(s):  
Collective Action ◽  
Social Welfare ◽  
Industrial Relations ◽  
The State ◽  
Living Standards ◽  
Industrial Democracy ◽  
Incomes Policy ◽  
Three Strikes ◽  
Definition Of

During the last few inflation-ridden years many countries have experienced a severe crisis of industrial relations as workers tried, through collective action, to preserve their living standards against the pressure of rising prices. But Tanzania stands as a conspicuous example of one country where, during the 1970s, strikes seem virtually to have disappeared, as may be seen from Table I.1 It is true that the Tanzanian definition of a strike excludes disputes lasting less than one day; and it is also true that there have been occasions since 1972 when workers have ‘downed tools’ for brief protest periods. But the lack of reported strikes in Tanzania is not a statistical illusion. The Labour Officers of the Ministry of Labour and Social Welfare keep a close watch on the state of industrial relations, and these occurrences are known to and are reported by them, as is shown by their recording of three strikes in 1977. This last fact also demonstrates that strikes can still occur in Tanzania.

scholarly journals Definitions and Legal Aspects of the Term “War” and the Related Terms

2019 ◽  
Vol 28 (4 ENGLISH ONLINE VERSION) ◽  
pp. 39-50
Author(s):  
Malwina Ewa Kołodziejczak
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
The State ◽  
The Republic ◽  
Definition Of ◽  
Legal Consequences ◽  
The Way

Normative acts applicable in the Republic of Poland do not lack a multitude of formulations of terms such as: war, state of war or time of war. The lack of legally binding definitions and the inconsistency of the use of identical definitions lead to different, often contradictory interpretations of particular situations, which may have different legal consequences. Only a precise and detailed definition of these concepts, preferably by incorporating them into national or international law, would dispel many doubts and close the way to sometimes contradictory interpretations, which is particularly important for security and defence concepts and issues. Therefore, in this paper the author will present definitions and regulations resulting from Polish legal acts, relating to war, war time and the state of war.

scholarly journals Conventional Attack vs Digital Attack in the Light of International Law

2021 ◽  
Vol 10 (1) ◽  
pp. 77-101
Author(s):  
Krzysztof Bobrowski
Keyword(s):  
International Law ◽  
The State ◽  
Legal Issues ◽  
Direct Relation ◽  
Legal Doctrine ◽  
Current Definition ◽  
Classical Definition ◽  
Physical Elements ◽  
Definition Of ◽  
Marginal Field

International law does not currently possess adequate instruments to define aggression in cyberspace, as well as to identify and punish perpetrators. The classical definition of aggression is inadequate to the reality of cyberspace, in the area of legal doctrine and practice, the international law is not adjusted to the contemporary digital reality and the destinations in which the digital reality is heading. The current definition of aggression reflects past conflicts. Conventional aggression is related to the attack on the physical elements of a state (related to the territory). Whereas, a digital attack may, but does not have to, have a direct relation to the territory of the state. The nature of cyberspace varies from other spaces. The a-territorial character of cyberspace influences the assortment of difficulties in the international legal issues regarding cyberspace. Cyberspace is not an additional or a marginal field of the operations of units, organisations andthe state, but an area to which the entire sphere of operations is transferring. The war of the future will take place to a large extent in cyberspace.

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