Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions…mehr
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.
Douglas Lovelace, Jr. is the Director of the Strategic Studies Institute at the US Army War College. Earlier in his military career, he worked on national security directives. He holds an MBA degree from Embry Riddle Aeronautical University and a JD from Widener School of Law. Kristen E Boon is Director of International Programs at Seton Hall University School of Law. Her writings have appeared in the Vanderbilt Journal of Transnational Law and the New York University Journal of International Law. A former clerk to the Supreme Court of Canada's Justice Ian Binnie, she holds an M.A. in Political Science from McGill University and a J.D. from New York University School of Law.
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* VOLUME 130 * DETENTION UNDER INTERNATIONAL LAW: * SAFEGUARDS AGAINST TORTURE AND OTHER ABUSES * * Introduction and Commentary by Kristen Boon * A. GENERAL PRINCIPLES * * DOCUMENT NO. 1: Standard Minimum Rules for the Treatment of Prisoners Aug. 15 1955 * DOCUMENT NO. 2: The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment December 9 1988 * B. TORTURE * * DOCUMENT NO. 3: Gäfgen v. Germany 22978/05 Grand Chamber European Court of Human Rights June 1 2010 * DOCUMENT NO. 4: United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment December 10 1984 * DOCUMENT NO. 5: Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel Inhuman or Degrading Treatment or Punishment December 9 1975 * DOCUMENT NO. 6: Inter-American Convention to Prevent and Punish Torture December 9 1985 * DOCUMENT NO. 7: Guidelines and Measures for the Prohibition and Prevention of Torture Cruel Inhuman or Degrading Treatment or Punishment in Africa ("Robben Island Guidelines") African Commission October 2002 * DOCUMENT NO. 8: CPT Standards European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 2006 * DOCUMENT NO. 9: Human Rights Committee General Comment No. 20: Replaces General Comment 7 concerning prohibition of torture and cruel treatment or punishment (Article 7) October 3 1992 * DOCUMENT NO. 10: Human Rights Committee General Comment No. 31: Nature of the General Legal Obligation Imposed on States Parties to the Covenant March 29 2004 * DOCUMENT NO. 11: Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas Inter-American Commission on Human Rights Organization of American States March 13 2008 * DOCUMENT NO. 12: United Nations Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules") November 29 1985 * DOCUMENT NO. 13: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ("Bangkok Rules") October 15 2010 * DOCUMENT NO. 14: Optional Protocol to the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment December 18 2002 * DOCUMENT NO. 15: Fourth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel Inhuman or Degrading Treatment or Punishment February 3 2011 * DOCUMENT NO. 16: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment August 30 2005 * DOCUMENT NO. 17: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Juan E. Méndez Human Rights Council February 3 2011 * DOCUMENT NO. 18: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Juan E. Méndez Human Rights Council January 18 2012 * DOCUMENT NO. 19: Istratii v. Moldova 8721/05 8705/05 and 8742/05 European Court of Human Rights June 27 2007 * DOCUMENT NO. 20: Chahal v. The United Kingdom 70/1995/576/662 European Court of Human Rights November 11 1996 * C. ENFORCED DISAPPEARANCES * DOCUMENT NO. 21: International Convention for the Protection of All Persons from Enforced Disappearance December 20 2006 * DOCUMENT NO. 22: Declaration on the Protection of All Persons from Enforced Disappearance December 18 1992 * DOCUMENT NO. 23: Human Rights Council Resolution 16/16: Enforced or Involuntary Disappearances April 12 2011 * DOCUMENT NO. 24: Kurt v. Turkey 24276/94 European Court of Human Rights May 25 1998 * DOCUMENT NO. 25: Bazorkina v. Russia 69481/01 European Court of Human Rights November 12 2006 * DOCUMENT NO. 26: Velásquez Rodríguez Case 7920 Inter-American Court of Human Rights July 29 1988 * DOCUMENT NO. 27: Mojica v. Dominican Republic 449/1991 United Nations Human Rights Committee August 10 1994 * DOCUMENT NO. 28: Bámaca Velásquez v. Guatemala Inter-American Court of Human Rights November 25 2000
* VOLUME 130 * DETENTION UNDER INTERNATIONAL LAW: * SAFEGUARDS AGAINST TORTURE AND OTHER ABUSES * * Introduction and Commentary by Kristen Boon * A. GENERAL PRINCIPLES * * DOCUMENT NO. 1: Standard Minimum Rules for the Treatment of Prisoners Aug. 15 1955 * DOCUMENT NO. 2: The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment December 9 1988 * B. TORTURE * * DOCUMENT NO. 3: Gäfgen v. Germany 22978/05 Grand Chamber European Court of Human Rights June 1 2010 * DOCUMENT NO. 4: United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment December 10 1984 * DOCUMENT NO. 5: Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel Inhuman or Degrading Treatment or Punishment December 9 1975 * DOCUMENT NO. 6: Inter-American Convention to Prevent and Punish Torture December 9 1985 * DOCUMENT NO. 7: Guidelines and Measures for the Prohibition and Prevention of Torture Cruel Inhuman or Degrading Treatment or Punishment in Africa ("Robben Island Guidelines") African Commission October 2002 * DOCUMENT NO. 8: CPT Standards European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 2006 * DOCUMENT NO. 9: Human Rights Committee General Comment No. 20: Replaces General Comment 7 concerning prohibition of torture and cruel treatment or punishment (Article 7) October 3 1992 * DOCUMENT NO. 10: Human Rights Committee General Comment No. 31: Nature of the General Legal Obligation Imposed on States Parties to the Covenant March 29 2004 * DOCUMENT NO. 11: Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas Inter-American Commission on Human Rights Organization of American States March 13 2008 * DOCUMENT NO. 12: United Nations Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules") November 29 1985 * DOCUMENT NO. 13: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ("Bangkok Rules") October 15 2010 * DOCUMENT NO. 14: Optional Protocol to the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment December 18 2002 * DOCUMENT NO. 15: Fourth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel Inhuman or Degrading Treatment or Punishment February 3 2011 * DOCUMENT NO. 16: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment August 30 2005 * DOCUMENT NO. 17: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Juan E. Méndez Human Rights Council February 3 2011 * DOCUMENT NO. 18: Report of the Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Juan E. Méndez Human Rights Council January 18 2012 * DOCUMENT NO. 19: Istratii v. Moldova 8721/05 8705/05 and 8742/05 European Court of Human Rights June 27 2007 * DOCUMENT NO. 20: Chahal v. The United Kingdom 70/1995/576/662 European Court of Human Rights November 11 1996 * C. ENFORCED DISAPPEARANCES * DOCUMENT NO. 21: International Convention for the Protection of All Persons from Enforced Disappearance December 20 2006 * DOCUMENT NO. 22: Declaration on the Protection of All Persons from Enforced Disappearance December 18 1992 * DOCUMENT NO. 23: Human Rights Council Resolution 16/16: Enforced or Involuntary Disappearances April 12 2011 * DOCUMENT NO. 24: Kurt v. Turkey 24276/94 European Court of Human Rights May 25 1998 * DOCUMENT NO. 25: Bazorkina v. Russia 69481/01 European Court of Human Rights November 12 2006 * DOCUMENT NO. 26: Velásquez Rodríguez Case 7920 Inter-American Court of Human Rights July 29 1988 * DOCUMENT NO. 27: Mojica v. Dominican Republic 449/1991 United Nations Human Rights Committee August 10 1994 * DOCUMENT NO. 28: Bámaca Velásquez v. Guatemala Inter-American Court of Human Rights November 25 2000
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