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The Treatment of Prisoners under International Law (Hardcover, 3rd Revised edition)
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The Treatment of Prisoners under International Law (Hardcover, 3rd Revised edition)
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This is the third edition of the pioneering work that has become
the standard text in the field. The first edition was one of the
earliest to establish that the newly-developing international law
of human rights could be set down as any other branch of
international law. It also incorporates the complementary fields of
international humanitarian law and international criminal law,
while addressing the problems associated with their interaction
with human rights law.
The book is more than a descriptive analysis of the field. It
acknowledges areas of unclarity or where developments may be
embryonic. Solutions are offered. Recent developments have
confirmed the value of solutions proposed in this edition and the
previous one.
Central to most of the chapters is the human rights norm of most
salience in the treatment of prisoners, namely, the prohibition of
torture and cruel, inhuman or degrading treatment or punishment.
The early chapters focus on the period of first detention, when
detainees are most at risk of having information or confessions,
however unreliable, extracted by unlawful means. Voices
contemplating the legitimacy of such treatment to combat terrorism
have been heard in the wake of the atrocities of 11 September 2001.
The book finds that the evidence clearly suggests that the absolute
prohibition of such treatment remains firm.
Other chapters deal with problems of poor prison conditions and of
certain extraordinary penalties, notably corporal and capital
punishment. A chapter explores ethical codes for members of
professions capable of inflicting or preventing the prohibited
behavior (police and medical and legal professionals). Chapters are
also devoted to the extreme practice of enforced disappearance and
the contribution of the new convention on this phenomenon, as well
as to extra-legal executions.
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