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Fair Treatment of Persons in Police Custody
This book analyses and evaluates the international efforts to ensure the fair and human treatment of persons in police custody. Respecting the dignity of all detained persons, and in particular preventing torture, is a key issue of international human rights protection. The authors explore various approaches to tackle this issue, including the introduction of investigative, non-coercive interviewing techniques as well as the implementation of fundamental safeguards such as the access to a lawyer and a doctor. Supported by case studies, they describe the special role of national preventive mechanisms and the efforts to improve the treatment of detainees in the context of capacity building activities. Police components of international peace missions face special legal and practical human rights challenges. Authors also ask how the positive potentials and strengths within police organisations could be mobilised for realising human rights, and, last but not least, they seek to assess the prospects of how fair treatment of persons in police custody may be ensured in the future effectively.
When Humans Become Migrants
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Diplomacy and International Law in Globalized Relations
Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.
Promoting Peace Through International Law
This book considers the liberal conception of peace within Western philosophy and the principle of 'peaceful coexistence' supported in the East. It investigates there is a 'right to peace' by tracing the evolution of the international law of peace through its historical and philosophical origins.
African Witchcraft and Global Asylum-Seeking
This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North – Canada, Australia, and the United Kingdom – have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent. The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the ‘particular social group’ categ...
The Transfer of Conflict-Related Detainees
Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.
From 'Civil Society' to 'Europe'
Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.
On the Wrong Side of The Law
This book, the first of a two volume study, provides an historical account of complaints against Metropolitan police officers between formation of the force in 1829 and codification of remedies for misconduct under the Police Act 1964. A complainant centred standpoint is developed to counteract the marginalization of the interests of victims, which is held to demonstrate that the drive for effective and efficient law enforcement has overshadowed the public interest in holding officers to account for misconduct. After officer accountability before the criminal courts diminished in the nineteenth century, missed opportunities to reform complaints procedures following commissions of inquiry in 1906-08, 1928 and 1960-62 are discussed. The second volume of the study, Combating Impunity: Complaints Against Metropolitan Police, 1964-2021, will examine the part played by complainants and civil society organisations in combating police impunity in the citizen oversight era.
The Concept of Human Dignity in Human Rights Discourse
The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.
