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Torture and its Definition in International Law: An Interdisciplinary Approach

ISBN : 9780199374625

参考価格(税込): 
¥13,849
著者: 
Metin Basoglu
関連カテゴリー
ページ
672 ページ
フォーマット
Paperback
サイズ
156 x 235 mm
刊行日
2017年10月
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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.

目次: 

Background
A theory- and evidence-based approach in understanding torture
Preparation of the book
Why revisit U.S. experience with enhanced interrogation techniques?
Challenges in reconciling law with science
References
Preview of Contents
Part I: Behavioral science perspectives
Part II: International law perspectives
Part III: Enhanced interrogation techniques: Definitional issues
Part IV: Discussion and conclusions

PART I
BEHAVIORAL SCIENCE PERSPECTIVES
1. A theory- and evidence-based approach to definition of torture
METIN BASOGLU
Introduction
A learning theory model of trauma
Mental pain or suffering: Definitional and methodological issues in assessment
Mental pain or suffering: Definitional Issues
Contextual determinants of mental pain or suffering
Assessment and measurement of mental pain or suffering
Captivity stressors associated with severe mental pain or suffering
A learning theory formulation of torture
Cumulative versus individual-method-based approach to torture
Distinction between torture and CIDT in international law
Torture by non-State actors
Torture and gender-based violence
Implications for emerging trends in interpretation of torture
Concluding comments
References
2. Control as a defining characteristic of torture: A learning theory analysis of the Kubark interrogation manual
HERNAN REYES and METIN BASOGLU
Introduction
Defining control: Captor's perspective
Non-coercive interrogation
Coercive interrogation
Conclusions
References
3. A battle for control: Resisting torture and cruel, inhuman and degrading treatment at Guantanamo
K. ALEXA KOENIG
Introduction
Methods
A learning theory of torture
A learning theory analysis of captivity experiences in Guantanamo
Sensory deprivation
Sexualized violence
Linguistic and cultural isolation
Indefinite detention
Resistance to Institutional Control
Implications for the definition of torture
Conclusion
References
4. An evolutionary approach to humiliation and shame induced by inhuman and degrading treatment
KAJ BJORKQVIST
Introduction
The concepts of humiliation and shame
Nonverbal signals of shame
The evolution of shame
Social pain
Further evidence for the social pain hypothesis
Social defeat as a stressor
Concluding remarks
References
5. Domestic violence and torture: A theoretical and empirical comparison
EBRU SALCIOGLUand METIN BASOGLU
Introduction
Definition of gender-based violence
Prevalence of domestic violence
Physical and mental health and effects of domestic violence in women
A comparative study of domestic violence and torture
Samples
Assessment measures
Findings
Nature and severity of trauma
Fear and helplessness effects
PTSD and depression
Mechanisms of traumatic stress
Discussion
References
6. Contexts of Ill Treatment: The Relationship of Captivity and Prison Confinement to CIDT and Torture
CRAIG HANEY and SHIRIN BAKHSHAY
Introduction
The Psychological dimensions of CIDT and torture
Conditions of confinement and the facilitation of ill-treatment
The nature and effects of adverse captivity
The painful and traumatic nature of prison life
The psychic cost of coping in confinement
New research on prison effects and the new prison form
Exacerbating the effects of CIDT and torture in a context of captivity
Conditions of confinement as CIDT and torture per se
Conclusion
References
7. The Meaning of Psychological Trauma
RICHARD J. MCNALLY
The meaning of psychological trauma
The emergence of Posttraumatic Stress Disorder
Symptoms of PTSD
The evolving concept of trauma in the DSM
Psychological trauma in DSM-III
Psychological trauma in DSM-III-R
Psychological trauma in DSM-IV
Psychological trauma in DSM-5
Psychological trauma: Further complexities
Psychological versus physical trauma
The dose-response model of trauma
Guilt, shame, and trauma
Trauma in historical context
Implications for CIDT
Conclusions
References

PART II
INTERNATIONAL LAW PERSPECTIVES
8. Evolving Standards for Torture in International Law
JUAN E. MENDEZ and ANDRA NICOLESCU
Introduction
The absolute prohibition of torture and other ill-treatment in international law
The definition of torture and other cruel, inhuman and degrading treatment in
international law
The constitutive elements of the definition of torture and the evolution of the legal
framework
Nature of the act and intensity of pain and suffering
Purpose
Intent
State involvement, treatment in private institutions and private actors
Gradual evolution of the definition of torture and incorporation of domestic
violence and FGM into the definition of torture and other ill-treatment
Evolution of the framework to apply to abuses in health-care settings: A new
normative framework
The application of the constitutive elements of the definition of torture and other ill-treatment in health-care settings and examples of abuses in health-care settings amounting to torture or other ill-treatment
Reproductive rights violations
People who use drugs and compulsory detention for medical conditions
Denial of pain treatment
Treatment of lesbian, gay, bisexual, transgender, and intersex persons in
health-care settings
The treatment of persons with psychosocial and other disabilities -
A paradigm shift influenced by the CRPD
A learning theory model of torture: Reconciling evidence-based and international
law approaches to torture and other ill-treatment
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
Introduction
Torture and State responsibility
The definition of torture and ill-treatment
The relationship between infliction of pain and its consequences
What does ratification of the Convention Against Torture imply?
Reporting obligations
The substantial obligations
The definition of torture as a criminal offence (Article 1 & Article 4)
Prohibition (Art. 2)
Accountability (Art. 2 & Art. 4)
Prevention (Art. 2)
Gender-related Crimes
Discrimination
Persons with disabilities
Minors
Training (Art. 10)
Redress after torture and ill-treatment (Art. 14)
Concluding comments
References
10. Making human rights sense of the torture definition

著者について: 

Metin Basoglu, M.D., Ph.D., Professor of Psychiatry, is founder and currently co-director of 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.

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