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SOCI 3P97 (5)
Lecture 9

Lecture 9 War on Terror and Human Rights mindmap.docx

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Robert Inkoom

Extraordinary Rendition: Effects of Non-self-executing Declarations What is extraordinary rendition? - Conventions (e.g. ICCPR, Torture) - A hybrid human rights violation - State-sponsored abduction of a person not part of US legal culture  Prevalence of extraordinary rendition War on Terror and Human Rights (continued) - Deprives domestic law of humane constitutional interpretation  Where are prisoners sent? - Government free to develop its own  What extraordinary rendition means for interpretations of treaty human rights Monitoring/enforcement compliance Criminalize torture - Difficult for torture victims to invoke - States obliged to enact, publicize, and relevant provisions in court Preventing Torture execute criminal penalties Excludes procedural obligations set up to prevent abuse from U.S. law: - Punish individuals who inflict, order, or - To teach government personnel that 1. Legalistic Approach contribute to torture and ill treatment - Establish an absolute legal prohibition on o If there is punishment at all, only torture & ill-treatment are illegal torture junior officials get punished, not - To monitor training methods, - Prohibit all forms of cruel, inhuman, or interrogation methods & detention senior officials conditions for abuse degrading treatment or punishment - Effective civil remedies necessary lower than torture - Protect inds. who reported being - Forbid inhuman and ill-treatment in International human rights and self-exemption policy tortured situations of armed conflict - Award fair compensation for torture - Torture is not and should not be justified - What is self-exemption policy victims - Ambivalent U.S. attitude Undermines ability of torture and abuse under any circumstances  Important contributions to dev’t of international human rights law victims to seek civil redress in US courts (e.g. 2. Practical Solutions  Calculated effort to minimize obligation and the Maher Arar case) Traditional due process protections undermining of international human rights - The right against compulsory confession laws or self-incriminating testimony - Evidence of reluctance to ratify human rights - The right against arbitrary detention treaties - The right to a fair trial - Ratification of international treaties made - The right to habeas corpus with certain conditions, i.e. RUDS “Torture proof” police, military and other public - RUDS insulate parties (U.S.) by: officials with authority over confined individuals  Affords U.S. escape from assuming human rights obligations not recognized by domestic law  Prevents international human rights treaties creeping into U.S domestic law - Consequences of RUDS Democratic societies and Human Rights War on Terror Background and legal basis - Commitment to civil liberties, rights and
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